How to Protect Yourself and Your Family from a False Case of Cruelty under Section 498A IPC?

Our criminal advocates in

Indore shall discuss here

Section 498A IPC was introduced to stop harassment of women by their husbands and in-laws. However, in the present times a complaint of Section 498A, IPC for cruelty has become a weapon to harass the husband and his family members. The same is also utilised to pressure the husband to settle for a higher amount of maintenance and alimony. Sometimes the complaint includes the name of family members who have never lived with the woman. This fact has been acknowledged by the Supreme Court and High Courts in numerous instances. criminal advocates in

Indore shall discuss her how to protect from 498A IPC What is Section 498A IPC?

Section 498A was introduced in 1983 by the Parliament in order to prevent women from being subject to harassment and cruelty including physical and mental both by husbands and their family members. Section 498A provides that a husband or relative of the husband of a woman subjecting her to cruelty shall be subject to imprisonment for a term of 3 years and shall also be liable for fine. The offence under Section 498A is a non-bailable offence meaning that the bail cannot be demanded as a matter of right and will be granted by the court at its discretion on the basis of facts and circumstances of the case. The offence is cognizable and therefore, the police can arrest the accused without a warrant. The offence is non-compoundable meaning thereby that once the court has taken the cognizance of the case, the case cannot be settled out of the court.

Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC

False FIR under 498A will be dealt by Our criminal advocates in Indore

Section 498A has been quoted as ‘legal terrorism’ because of the increment in the number of false cases filed by women only to harass their husbands and their relatives. The aforesaid fact has been acknowledged by the Supreme Court and different High Courts at various times. Many times it has been seen that women have made pointless accusations against their husbands and in-laws only to cause mischief, demand higher alimony, and bring other harms to the family. And the fact that the offence under Section 498A IPC is non-bailable and cognizable makes this weapon stronger and gives more opportunities to being misused.

Our criminal advocates in Indore shall discuss her how to protect from 498A IPC

Steps to protect one from false case of cruelty under Section 498A IPC

Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC

STEP 1: Get a Bail (Anticipatory/Regular)

No one wishes to go to jail and therefore, it is necessary to get bail so that the court does not imprison the accused during the trial. An offence under Section 498A is cognizable and non-bailable and therefore, the Police can arrest the accused without a warrant. In such cases the accused should secure a bail either anticipatory if he is not arrested or regular if he has been already arrested. One can file the bail application before the Sessions Court and if it gets rejected by the Sessions Court then he can apply before the High Court.

Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC

STEP 2: Discharge Application

Once the FIR is lodged and the chargesheet is filed before the court, the trial court shall frame the charges. At this stage the accused can file an application for discharge under Section 239 of the Code of Criminal Procedure, 1973 before the trial court seeking his discharge from the alleged offences. The trial court upon considering the chargesheet may discharge the accused.

Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC

STEP 3: Quashing Petition before the High Court

An accused can approach the High Court under Section 482, Code of Criminal Procedure, 1973 seeking quashing of the FIR or/and Chargesheet or/and consequential criminal proceedings. The High Court may admit the petition and send the notice to the complainant-wife. During the pendency of this petition, the High Court may order to stay the proceedings before the trial court. The High Court shall decide the case after hearing both sides of the parties through their advocate and therefore, if the court finds that the offence is not committed then the court shall order for quashing the false case of cruelty under Section 498A.Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC

STEP 4: Defending the case in trial court

If an accused does not wish to approach the High Court or if the High Court has decided the quashing petition against the accused, then the accused has the last option to defend his case in the trial court. The trial court shall record evidence of both sides through the method of examination and cross-examination of witnesses and shall decide the case on the merits. The trial court may acquit the accused if the prosecution cannot prove their case beyond reasonable doubt and the defence is successful in defending their case.

Conclusion will be discussed by Our criminal advocates in Indore

Complaints for cruelty under Section 498A which are omnibus and do not make specific allegations on the accused about the incidents of cruelty inflicted by them do not succeed and in such cases husband and his relatives get acquitted from false cases. The abovementioned is a brief description of the procedure which one can utilise to defend himself in cases of cruelty filed by women under Section 498A, IPC.

Our criminal advocates in Indore shall discuss her how to protect from false case 498A IPC