What is the punishment of 498A?
Section 498A states that if a husband or relative of 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.
Is 498A bailable Offence?
The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cognizable offence. Bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left.
What is cruelty in 498A?
Explanation.—For the purposes of this section, “cruelty means”— (a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or.
Can police give bail in 498A?
Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case.
How do I get bail on Section 498A?
How to get bail and avoid police custody in a dowry case under Section 498A
- Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
- Draft an anticipatory bail application along with your lawyer and sign it.
- The application must also include an affidavit in support of it.
What cases husband can file against wife?
Section 506 of IPC, 1860: Punishment for Criminal Intimidation The husband can file a case against his wife, claiming that she threatens him to hurt himself or his family or property. Yet again, the evidence is the only thing which can uphold his case.
How long is dowry jail?
—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten …
What evidence proves 498A?
The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.
What happens after FIR in 498A?
Once the FIR is registered, police will make an enquiry and based on enquiry may or may not arrest the person. Once the person is arrested, he is entitled to bail till such time the charge sheet is filed and trial has started. After trial the courts will decide on whether the person is to be convicted or acquitted.
Who is to be punished under IPC 498A?
Husband or relative of husband of a woman subjecting her to cruelty.—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. Explanation.—For the purpose of this section, “cruelty” means—
What is Section 498a of Indian Penal Code?
Section 498A in The Indian Penal Code. 376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—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.
Which is a cognizable offence under Section 498A?
The crime under Section 498A is cognizable, non-compoundable and non-bailable. For the commission of an offence under Section 498-A, following necessary ingredients require to be satisfied: Such cruelty or harassment must have been shown either by the husband of the woman or by the relative of her husband.
What is the aim of I.P.C section 498-A?
The main aim of the I.P.C section 498-A is to shield a woman who is being abused by her husband or husband’s relatives. Harassment for dowry falls within the sweeping of the Section’s latter limb and creating a condition that pushes the woman to commit suicide is also one of the ingredients of ‘cruelties’.
