Ipc 498a refers to cruelty committed on daughterinlaw wife by parentsinlaw husband, and to any cruelty committed by any relative of her husband on the natal side of his family. Nov 26, 2017 in the wake of misuse of section 498a of ipc, the supreme court in a recent case has issued directions with the object to prevent such misuse. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. People dont know what section 498a of the ipc is nor do they know what to do when a 498a case is registered against them. Aug 31, 2016 first of all ipc 498a is a criminal in nature. Note on scs directions on misuse of section 498a of ipc. The same is enclosed for information and compliance. Husband or relative of husband of a woman subjecting her to cruelty. Difference between section 304b and 498a of the ipc are as follows. In the instant case it appears that though the alleged offence under section 498a of the indian penal code is punishable with imprisonment for three years, yet the alleged offence under section 494 of the indian penal code is punishable with imprisonment of seven years, and no period of limitation has been prescribed in section 468 of the. The judge in his order lamented that it is most unfortunate that section 498a of ipc has become a weapon in breaking the families rather than uniting them.
Acts done by several persons in furtherance of common intention 35. In this article, simran sabhrawal discusses all you need to know about section 498a. Difference between section 304b and 498a of the ipc. Can someone leave india if being charged with ipc 498a and. Inordinate delay in police investigation may lead to a quashed fir. My brother got married on 16th sept 2015 and they gave pooja items of silver worth around 1lac to us in my native and told my parents to give couple when they return to bangalore eventhough we didn ask them.
Petition praying for amendments in section 498a of ipc pdf. But the trail is to be taken place under the jurisdiction of the court where the crime has taken place. Amendments in ipc to check false claims of dowry harassment. Report a study of cases filed under section 498a, ipc. All you need to know about section 498a of the ipc ipleaders. It was added to the indian penal code in the year 1983. The most commonly used of these laws and acts are some sections of the indian penal code, including but not limited to ipc 498a, ipc 406, ipc 34. The object for which section 498a ipc was introduced is amply reflected in the statement of objects and reasons while enacting criminal law second amendment act no. Report on section 498a ipc law commission of india. Husband or relative of husband of a woman subjecting her to cruelity. Section 498a ipc and section 1b of the evidence act include in their amplitude past events of cruelty.
The committee of petitions rajya sabha in the report presented on 7. Quashing of false fir registered under 498a and 406 of the indian penal code. This section will solely be invoked by wifedaughterinlaw or her relative. Section 498a is a cognizable offence under the indian penal code, 1860 and was brought into the ipc in the year 1983 to curb the menace of cruelty to married women for want of dowry, which often led to their deaths. A twojudge bench of the supreme court has held that even a second wife can file a complaint under section 498 a.
Hello, i would like to know procedure for filling complaint to police department under section 498a of ipc pls explain it as i am a layman. The most important amendment came in the form of the introduction of section 498a in the indian penal code ipc. When such an act is criminal by reason of its being done with a criminal knowledge or intention 36. Section 498a of indian penal code shreeyansh legal. Understanding issues of jurisdiction in a 498a case in quite a few 498a cases, the 498a wives allege that they were subjected to mental cruelty or harassment in the matrimonial home in the fir, but they end up filing the case in their native places or some other place where they may have the support of local police authorities. To oppose rampant misuse of 498a dowry law misuse by unscrupulous women to extort money and harass their husbands entire extended family. This particular section under indian penal code ipc says that if husband of a woman or husbands relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as its a non bailable offence.
The exact definition of ipc sec 498a would read as. Section 498a of the ipc the nonbailable warrant ravindra nayak and 3 others votedup this story. Section 498a of ipc ias abhiyan ii ias upsc exam preparation. Section 498a of the indian penal code, is a criminal offence. Section 498a ipc, comprising of an independent chapter was inserted by the criminal law second amendment act. It is a cognizable, nonbailable, and noncompoundable offence. It is important to know more on what this law is all about. Period of operation of section 1b of the evidence act is seven years, presumption arises when a woman committed suicide within a period of seven years from the date of marriage. The supreme court on 9th april 2019 delivered the judgment that a woman can file a case against her husband or inlaws subjected to dowry harassment under section 498a of ipc at any place she is sheltered. Section 498a of indian penal code section 498a, introduced in 1983 is popularly referred to as the dowery law that seeks to safeguard married ladies from harassment by the spouse or his relatives. Section 498a a in the indian penal code a any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury.
It makes it a crime to be cruel to your wife or to your relatives wife. Filing complaint under section 498a of ipc kaanoon. Nov 10, 2014 including to check cases of false claims of dowry harassment, rash and negligent driving, torture in custody and decriminalizing attempt to suicide. How to save yourself and your family from getting into 498a mess. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse. Dowry, section 498a, indian penal code, misuse, cruelty. Apr 26, 2016 supreme court judgment on misuse of section 498a of ipc by. Understanding issues of jurisdiction in a 498a case. The victims of genderbiased laws of india 498a and domestic violence against women law and to save your family from this law which has been termed as legal terrorism by honorable supreme court of india.
The indian penal code get free advice and protect against 498a. Section 498a is a cognizable offence under the indian penal code, 1860 and was brought into the ipc in the year 1983 to curb the menace of cruelty to married. Hc gives guidelines on section 498a hyderabad news times. The centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the supreme court and various high courts had observed the growing misuse of section 498a harassment caused to a married woman by her husband and inlaws of the ipc. It may be noted that even under the hindu marriage act where. That section 498a of indian penal code is being fearlessly abused and. I hope to shed some light on what this law is really about, the effects it will have on you and your family and how to survive this ordeal. The committee notes that the offence under section 498a ipc is essentially a fallout of strained matrimonial relationship for which there might be various. At this crucial juncture it is important that we reexamine the historical background of these law reforms, and the existing criminal law provisions against domestic violence mainly section 498a of the indian penal code ipc to understand why a coordinated approach including civil and criminal law remedies is needed to address violence against. The legislature has taken care of children born from. When to file for compensation for illegal detention. In this connection, following words of arijit pasayat, j.
It is cognizable, noncompoundable and nonbailable except there is a little difference in andhra pradesh, its compoundable there. The supreme court of india again in a scathing judgment delivered on aug. Section 498 a of ipc deals with the cases of dowry harassment. Sep 25, 2015 section 498a of the ipc the nonbailable warrant ravindra nayak and 3 others votedup this story. It was passed to protect the married women from mental and physical cruelty. Apr 12, 2020 section 498a latest breaking news, pictures, videos, and special reports from the economic times.
Police undertake investigation and depending on the findings, they either file a. Section 498a of indian penal code ipc states that husband or relative of husband of a woman subjecting her to cruelty. Explanation for the purpose of this section dowry death shall have the same meaning as in section 304b of the indian penal code 45 of 1860. Introduction most of the people are not aware of the section 498a of the ipc or what to do when a case related to section 498a is registered. Supreme court judgment on misuse of section 498a of ipc nmra. Section 498a of the ipc the nonbailable warrant navdeep. Effect caused partly by act and partly by omission 37. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall als. Section 304b deals with dowry death being subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. Quashing of false fir registered under 498a and 406 of the. A critical study on misuse of section 498a of indian penal code, 1860.
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