It is a comprehensive code intended to cover all substantive aspects of criminal law. 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. Husband or relative of husband of a woman subjecting her to cruelty. December 1, 2014 husband or relative of husband of a woman subjecting her to cruelty. We handle women centric biased laws like false section 498a ipc, domestic violencedv act, divorce, maintenance, alimony, child custody, hma 24, 125. Section 498a in the indian penal code indian kanoon. 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. Supreme court modifies its judgment on safeguards against misuse of section 498a ipc, scraps no arrest rule. The indian penal code ipc is the official criminal code of india. It makes it a crime to be cruel to your wife or to your relatives wife. What is section 498a of the indian penal code ipc 498a. Private complaint petition format mynation knowledgebase. A critical study on misuse of section 498a of indian penal code, 1860.
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. Prosecution us 498a ipc and dowry prohibition act not. 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. Domestic violence act 2005 and section 498 a of indian penal code. Government of india law commission of india section. Ipc 498a harassment or cruelty to a woman indian law against harassment or cruelty to a woman, and dowry abuse section 498a i. Husband or relative of husband of a woman subjecting her to cruelity. Section 498a new update september 2018 in hindi by ishan. 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. 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. 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. 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. Section 498a of the indian penal code ipc has become i. Offences relating to marriage, section 493498 of ipc.
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. Sc judgement on section 498a ipc highlighting misuse of law against husbands 2018. This was the first time that an attempt was made to consider domestic violence against women a criminal offence. 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.
You shall have to lodge a complaint before the local police station about dowry harassment against you, 2. The most vital amendment came as the presentation of section 498a in the indian penal code ipc. Misuse of section 498a ipcjudicial trend by karan godara ssrn. The legislation indian penal code section 498a, ipc introduced in the penal code by criminal law second amendment act of 1983 act no. Ladies in india are increasingly misusing the antidowry law to harass inlaws. Introduced in the penal code by criminal law second amendment act of 1983. The indian penal code ipc dowry law misuse ipc 498a by indian women. 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. A doctrinal research on section 498a ipc, 1860 a critical. The exact definition of ipc sec 498a would read as. 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. The indian penal code ipc dowry law misuseipc 498a by indian women. 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.
Ipc section 498a husband or relative of husband of a. 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. 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. How to save yourself and your family from getting into 498a mess. 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. That section 498a was inserted in indian penal code in 1983 to protect married indian women from cruelty, including dowry harassment. Further, section 498a ipc was specifically included in 1983 to protect women from cruelty and harassment. Sec 498a was enacted by the legislature to provide special safeguards to protect their rights. Section 498a of indian penal code shreeyansh legal. Dowry, section 498a, indian penal code, misuse, cruelty. Petition praying for amendments in section 498a of ipc pdf. Filing complaint under section 498a of ipc kaanoon.
Section 498a of the indian penal code, is a criminal offence. Pdf domestic violence act 2005 and section 498 a of indian penal. Oct 11, 2019 recently, the supreme court by its various decisions has condemned the abuse of section 498a of ipc. Please read group rules click here, if you agree then please register click here and after registration join welcome group here. 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.
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. A doctrinal research on section 498a ipc, 1860 a critical analysis. 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. Misuse of section 498a ipc and dowry prohibition act new law. 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. 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 article covers section 498a of the ipc relating to criminal law in which the. Asked 5 years ago in criminal law from mohali, punjab. Section 498a and section 304b of ipc mutually inclusive.
Section498a of the indian penal code, 1860 ipc was inserted by way of an amendment in 1983. Cruelty can be defined as if the act done is of such a nature that the woman is enticed to. Doc a doctrinal research on section 498a ipc, 1860 a. Ipc 498a harassment or cruelty to a woman the indians. There is no denial of the fact that they were denied of their rightful and. 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. 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 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. Section 498a deals with matrimonial cruelty perpetrated on a. Top 5 supreme court judgment on misuse of 498a ipleaders.
Most important 498a judgments that positively shaped the indian judicial system and helped fight and protect against unlawful dowry act 498a cases. Ipc section 498a husband or relative of husband of a woman. 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. This law is unique to india as it not only discriminates based on gender man vs. Section 498a of indian penal code, 1860 was inserted by the criminal law second amendment act, 1983. It is imperative that 498a should be read with sect. Corelation between section 306 and section 498a indian penal code, 1860. Section 498a deals with matrimonial cruelty perpetrated on a woman. Material are used mainly primary resources referred like books, journals, articles and e sources. All you need to know about section 498a of the ipc ipleaders. Section 498a ipc writinglaw bare act, bare act pdf.
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. It was enacted with the aim of providing protection to married women against cruelty by their husband or inlaws, which often may lead to. If police refuse to file fir, then send the complaint letter by speed post to the local police station under copy to the s. Section 498a of the ipc is a criminal law in which the wife. 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. 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. The law commission previously, in its 237th and 154th reports had suggested making 498a compoundable. Section 498a of indian penal code, 1860 is misused against husband and his relatives. The law explains that cruelty means anything that is done on purpose, and either causes serious harm to. The silent tears of shattered families the ugly reality of. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse. Anticipatory bail format 438 crpc dowry case us 498a ipc. We are not lawyers, but no lawyer will give you advice like we do. Result of the study modern women are stated to misuse the section 498a of the indian penal code, 1860.
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. Advisory on measures to be taken by statesuts to curb misuse of section 498a of ipc. Distinction between section 306 ipc, 1860 and section 498a ipc, 1860 is that of intention. 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. 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. 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. Under section 198a of crpc, the court is bound not to take cognizance of an offence punishable under section 498a of ipc. It is a cognizable, nonbailable, and noncompoundable offence. 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.
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. A critical study on misuse of section 498a of indian penal. 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. 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. 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.