It was held that the prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long after the. Section 498a in the indian penal code indian kanoon. 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. This was the first time that an attempt was made to consider domestic violence against women a criminal offence.
Section498a of the indian penal code, 1860 ipc was inserted by way of an amendment in 1983. Introduced in the penal code by criminal law second amendment act of 1983. The law explains that cruelty means anything that is done on purpose, and either causes serious harm to. A critical study on misuse of section 498a of indian penal code, 1860. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse. Except in cases where the police report is filed by the aggrieved wife or by her father, mother,brother, sister or with the leave of the court, by any person related to. Section 498a new update september 2018 in hindi by ishan. Supreme court modifies its judgment on safeguards against misuse of section 498a ipc, scraps no arrest rule. The law commission previously, in its 237th and 154th reports had suggested making 498a compoundable. Section 498a of the indian penal code ipc deals with the violence done on women after her marriage by her husband or her inlaws or any relative of the husband. The supreme court has held that prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is. Misuse of section 498a ipcjudicial trend by karan godara ssrn. Under the latter, cruelty committed by the husband of his relations drag the woman concerned to commit suicide, while under the former provision suicide is abetted and intended. You shall have to lodge a complaint before the local police station about dowry harassment against you, 2.
This article written by saumya sinha, a student of rgnul, is a good read on the practical aspects of the implementation of the provision on cruelty inserted by an amendment in the ipc, and penetrates into the veil created by s. The insertion of section 498a ipc is one such move and it penalizes offensive conduct of the husband and his relatives towards the married. 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. Pdf domestic violence act 2005 and section 498 a of indian penal. Section 406 ipc, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. Offences relating to marriage, section 493498 of ipc. What is section 498a of the indian penal code ipc 498a. Section 498a deals with matrimonial cruelty perpetrated on a. Corelation between section 306 and section 498a indian penal code, 1860. Section 498a of indian penal code ipc states that husband or relative of husband of a woman subjecting her to cruelty. Sep 18, 2018 is ipc 498a bailable punishment under section 498a is a maximum of three years but it had been made a cognizable and nonbailable offence, which made grant of bail to the accused a rarity in. 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 indian penal code ipc is the official criminal code of india. 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. Section 498a deals with matrimonial cruelty perpetrated on a woman. A doctrinal research on section 498a ipc, 1860 a critical analysis. The silent tears of shattered families the ugly reality of. Parliament had introduced section 498a in ipc in 1983 to deal with increasing number of dowry deaths while categorising the offence as cognisable and nonbailable. Jun 07, 2019 it was held that the prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long after the. Doc a doctrinal research on section 498a ipc, 1860 a.
Dec 03, 2018 for the purpose of section 498a, harassment simpliciter is not cruelty and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. The maximum sentence provided under section 498a ipc is imprisonment for a term which may extend to three years and fine whereas the maximum sentence provided under section 4 of the dowry prohibition act is two. Section 498a ipc writinglaw bare act, bare act pdf. Is ipc 498a bailable punishment under section 498a is a maximum of three years but it had been made a cognizable and nonbailable offence, which made grant of. Dowry, section 498a, indian penal code, misuse, cruelty. That section 498a was inserted in indian penal code in 1983 to protect married indian women from cruelty, including dowry harassment. For the purpose of section 498a, harassment simpliciter is not cruelty and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. Ipc section 498a husband or relative of husband of a woman. The article covers section 498a of the ipc relating to criminal law in which the.
Husband or relative of husband of a woman subjecting her to cruelty. Section 498a of the indian penal code, is a criminal offence. A critical study on misuse of section 498a of indian penal. 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. It makes it a crime to be cruel to your wife or to your relatives wife. Ipc 498a harassment or cruelty to a woman indian law against harassment or cruelty to a woman, and dowry abuse section 498a i. Petition praying for amendments in section 498a of ipc pdf. Sec 498a was enacted by the legislature to provide special safeguards to protect their rights. Further, section 498a ipc was specifically included in 1983 to protect women from cruelty and harassment. Filing complaint under section 498a of ipc kaanoon. Ipc 498a harassment or cruelty to a woman the indians. Cruelty can be defined as if the act done is of such a nature that the woman is enticed to. The most vital amendment came as the presentation of section 498a in the indian penal code ipc.
A doctrinal research on section 498a ipc, 1860 a critical. It is imperative that 498a should be read with sect. The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under ipc 498a or make out a case against the accused. Ramachandran, 4 the sc held that section 498a is exploited by some married women to harass their innocent husband and at the same time it emphasized the need to make the offence as a bailable and noncognizable one. Private complaint petition format mynation knowledgebase. It is a comprehensive code intended to cover all substantive aspects of criminal law. We are not lawyers, but no lawyer will give you advice like we do. If police refuse to file fir, then send the complaint letter by speed post to the local police station under copy to the s.
Law commission of india in its 237th report on compounding of ipc offences highly recommended that section 498a, indian penal code, 1860 should be made. Sep 01, 2018 the supreme court has held that prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long. The exact definition of ipc sec 498a would read as. It was enacted with the aim of providing protection to married women against cruelty by their husband or inlaws, which often may lead to. The indian penal code ipc dowry law misuseipc 498a by indian women. Ipc section 498a husband or relative of husband of a.
Section 498a and section 304b of ipc mutually inclusive. Prosecution us 498a ipc and dowry prohibition act not. We handle women centric biased laws like false section 498a ipc, domestic violencedv act, divorce, maintenance, alimony, child custody, hma 24, 125. It is thought that sec 498a and sec 304b were acquainted with and will supplement each other since sec 304b tends to the specific offense of dowry death and sec 498a looked to address the widescale domestic violence and cruelty against women for. There is no denial of the fact that they were denied of their rightful and. Most important 498a judgments that positively shaped the indian judicial system and helped fight and protect against unlawful dowry act 498a cases. But this shield has become only and multipurpose sword against husband and his relatives. Criminal procedure code, 1973 section 482 indian penal code, 1860 section 498a quashing of fir cruelty only omnibus allegations made by complainant neither date nor time or place mentioned that as and when, by whom she was. Under section 198a of crpc, the court is bound not to take cognizance of an offence punishable under section 498a of ipc. Section 498a of indian penal code, 1860 was inserted by the criminal law second amendment act, 1983. Husband or relative of husband of a woman subjecting her to cruelity. Advisory on measures to be taken by statesuts to curb misuse of section 498a of ipc. Oct 11, 2019 recently, the supreme court by its various decisions has condemned the abuse of section 498a of ipc.
Section 498a of the indian penal code ipc has become i. Section 498a of indian penal code shreeyansh legal. Ladies in india are increasingly misusing the antidowry law to harass inlaws. Distinction between section 306 ipc, 1860 and section 498a ipc, 1860 is that of intention. Anticipatory bail format 438 crpc dowry case us 498a ipc. Result of the study modern women are stated to misuse the section 498a of the indian penal code, 1860. Except in cases where the police report is filed by the aggrieved wife or by her father, mother,brother, sister or with the leave of the court, by any person related to her by blood,marriage or adoption. Top 5 supreme court judgment on misuse of 498a ipleaders. The indian penal code ipc dowry law misuse ipc 498a by indian women. Cruelty can be defined as if the act done is of such a nature that the woman is enticed to commit suicide or cause an injury to herself, which. Please read group rules click here, if you agree then please register click here and after registration join welcome group here. Section 498a of indian penal code, 1860 is misused against husband and his relatives.
Material are used mainly primary resources referred like books, journals, articles and e sources. 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 the actual fact lies here that there is terribly low conviction rate in such form of cases and much has been written relating to the misuse of section 498a of the ipc that was introduced with the declared objective to combat the menace of harassment to a woman at the hands of her husband and his relatives. All you need to know about section 498a of the ipc ipleaders. Section 498a of the ipc is a criminal law in which the wife.
According to malimath committee report, once a complaint or fir is lodged under section 498a or 406 of indian penal code, it becomes easy tool in the hands of the police to. 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. The code was drafted in 1860 on the recommendations of first law commission of india established in 1834 under the charter act of 1833 under the chairmanship of lord thomas babington macaulay. Government of india law commission of india section. Misuse of section 498a ipc and dowry prohibition act new law. Sc judgement on section 498a ipc highlighting misuse of law against husbands 2018. The offence under section 498a ipc is cognizable a case in which a police officer may arrest the accused without an arrest warrant if the. The supreme court today modified its judgment which had laid down safeguards for the prevention of misuse of section 498a of the indian penal code. The ipc of section 498a deals with if the husband or a relative of the husband of women, subjects the woman to cruelty, he shall be punished with imprisonment to three years and shall also be liable to fine. The legislation indian penal code section 498a, ipc introduced in the penal code by criminal law second amendment act of 1983 act no. 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. In 1983, section 498a of the ipc was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. It is a cognizable, nonbailable, and noncompoundable offence. Asked 5 years ago in criminal law from mohali, punjab.
The petitioner apprehends his arrest in a case under section 498a of the indian penal code, 1860 hereinafter called as ipc and section 4 of the dowry prohibition act, 1961. Analysis of supreme court cases on section 498a ipc by divyansh hanu rathi introduction institution of marriage is an oldest social institution and provides a foundation on which whole superstructure of the civilization and prosperity is built. Domestic violence act 2005 and section 498 a of indian penal code. This law is unique to india as it not only discriminates based on gender man vs. Section 498a, marital rape and adverse propaganda flavia agnes the need of the hour is to salvage section 498 a of the indian penal code from the shackles of adverse propaganda and misuse by the media, goaded on by mens rights groups from the urban and privileged classes, and restore it as a viable law to protect victims.
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