Misuse of 498a misuse of section 498a misuse of dowry law. If there is no evidence or contradictory evidence then you can seek discharge. False complaint under section 498a of ipc law corner. As per ncrb data, it is said that merely 1 2% cases end in conviction of the accused. Nov 30, 2019 misuse of section 498a in the modern world. Offences are divided into cognizable and noncognizable.
What happens if section 498a of ipc is proved false. This law, easily the most misused law in india, is meant to provide criminal relief against the physical and mental abuse caused to women by their husbands and inlaws. Doc misuse of section 498a in indian society rahul jain. Now in this 498a case my wife and her father couldnt prove anything and this case also got closed subsequently. Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in. Secondary information primary data gathered through interviews of a limited sample and fgds. The legislation indian penal code section 498a, ipc. By the same amendment act, indian evidence act was also modified by the addition of section 1a to increase presumption regarding abetment of suicide by a married woman. Malimath committee report on misuse of section 498a there are some laws in indian penal code like section 498a, other sections under chapter xxa of cruelty and domestic violence act, 2005 etc. A critical study on misuse of section 498a of indian penal. Guide, misuse 498a are some the groups engaged in lobbying against the 498.
Section 498a of the indian penal code, 1860 was enacted to protect women from cruelty by their husband or relatives of the husband. Indian penal code 498a, is a criminal offence not a civil law which is defined as follows. Females in india are increasingly misusing the section 498 ipc law to harass inlaws. A two judge bench of justices ak goel and uu lalit observed that. One may call it revenge or one may call it merely exercising a legal right, section 498a is a tool which has been overly misused by the women to harass men. The rate of chargesheet filing for the year 2012, under section 498a ipc was at an exponential height of 93. Section 498 a deals with marital disputes however, many groups working for protection of mens rights have been critical of its frequent misuse and. Marital cruelty and 498a national commission for women. Points on ipc 498a law, misuse, future pil for dowry law misuse etc. Any of you can take the initiative and spread awareness about widespread misuse of dowry laws. State of up, it has become imperative for mens rights organisations to come up with their own arguments and. No case under section 498 a406 ipc should be registered without the prior.
New directives to prevent misuse of section 498a, which. My wife n her family had filed a false 498a case against me and my parents. Just take the print out of the following letters in the. The petitioners alleged that there was domestic relationship between the parties as the petitioners are related to respondent nos. Lets unite together and fight against the misuse of this law provision, which is being used as a sword not as a shield. But this section defines the limits of the meaning of cruelty so as the section is not misused for frivolous cases by the women. After completion of investigation police will file charge sheet at this stage evidence of the police has to be seen. If 498a is imminent to save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court. There are two kinds of offences, bailable and nonbailable. Sec 498a which seeks to punish the husbandrelatives of husband for subjecting the wife to cruelty has given a wide cover. But in the recent scenario, there are cases seen where women misuse sec 498a of ipc and legal provision of dowry prohibition act etc. The supreme court of india expressed its concerns over the misuse of section 498a and termed it legal terrorism. Section 498a of the ipc free college essays, term paper.
The the actual fact lies here that there is terribly low conviction rate in such form of section 498 ipc cases and much has been written relating to the misuse of section 498a of ipc that was introduced with the declared objective to combat the menace of harassment to a woman at the hands of her husband and. Dowry, section 498a, indian penal code, misuse, cruelty. Section 498a ipc was challenged but upheld by the supreme court of india in 2005. Husband or relative of husband of a woman subjecting her to cruelity. A collections of applications which need to be filed against false 498a. Landmark judgments on a false complaint under section 498a. A brief overview of section 498a of the indian penal code, 1860. Argument on discharge is an important stage in fighting false 498a. You can yourself understand the seriousness of this if a countrys highest deciding authority is naming as the most misused section of laws then what more we. A site dedicated to fight against dowry law ipc 498a misuse by india women. The provision is intended to be used a shield and not an assassins weapon says the honble supreme court. Misuse was alleged, particularly against ipc sec 498a and the offence of the dowry death of sec 304b. Jul 27, 2017 supreme court of india on thursday has issued new set of directions to prevent the misuse of section 498a of indian penal code.
By law, the police are duty bound to register and investigate a cognizable offence. Similar views were also expressed by the former justice k t thomas10 in his article, even the 2003 malimath committee report on reforms in the criminal justice system also depicted, significantly, about the general complaint of sec 498a of the. Fight against misuse of dowry law ipc498a get free advice and. Justice aganist misuse of section 498a home facebook. Reflecting the extent of its misuse,the crime in india 2012 statisticsncrb,2012 report notes that the rate of chargesheeting us 498a is as high as 93. But this shield has become only and multipurpose sword against husband and his relatives. Many studies have been done in this regard which also point to very high misuse. Amit ghuse, from amravati maharashtra, filed divorce petition on the basis of cruelty and desertion against my wife mrs. Particularly the allegation of misuse is made against sec 498a of the ipc and against sec 304b.
In most cases 498a complaint is followed by the demand of huge amount of money extortion to settle the case out of the court. In this we will discuss the view of the supreme court on misuse of section 498a ipc. Domestic violence and harassment by partners and family members are nuanced activities that routinely continue to devalue domestic violence incidents through the institutional structure of courts, police. The charge of misuse is made particularly against offence of dowry death in section 304b and sec 498a of the ipc without dealing with grassroot realities. Section 498a being misused to implicate husbands entire. Section 498a ipc 498a judgments false dowry case 498a. This was the first time that an attempt was made to consider domestic violence against women a criminal offence. General information about section 498a 498a can only be invoked by wifedaughterinlaw or her relative. Jul 31, 2017 on the 27th of july 2017, the supreme court of india issued a series of guidelines to curb the misuse of the draconian ipc 498a. In many cases, men have even committed suicide, when their wives have harassed them to approach police or court, to send them behind jail, for no reason. A critical study on misuse of section 498a of indian penal code, 1860.
Jul 05, 2014 the court relies upon mere statistics, saying that from 2011 to 2012, there was a 9. When it comes to counter steps of ipc 498a, it has to. Awareness of use and misuse of section 498a is must to avoid its legal terrorism aspect. Come browse our large digital warehouse of free sample essays. Process of filing section 498a complaint against husband. Get the knowledge you need in order to pass your classes and more. In the last 20 years of criminal law reform a common argument made against laws relating to violence against women in india has been that women misuse these laws. 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.
Government of india law commission of india section. Mar 10, 2020 the provisions relating to matrimonial cruelty are laid down under section 498a. For instance, in arnesh kumar versus state of bihar 2014 8 scc 273, the supreme court restrained police from making automatic arrests until they were satisfied that it was necessary to prevent such persons from committing. Application templates applications against 498a misuse. Finally i got contested divorce on the basis of cruelty and desertion on 24 april 2016. Ipc 498a was added after an amendment was approved by the indian parliament in year 1985. How to save yourself and your family from getting into 498a mess. Use and misuse of section 498a legal service india. This section was enacted for the protection of women from dowry menace, but at present, this section is being used to blackmail the husband, family and his relatives. Nri press conference misuse of dowry law 498a 09 aug07. Government alleging misuse of the provisions of the section. Section 498a of indian penal code, 1860 was inserted by the criminal law second amendment act, 1983.
New directives to prevent misuse of section 498a, which aims. Stages of 498a chargesheet stage in 498a and framing of charge as well as discharge. Nowadays, women and their families have started making vague allegations against every member of the husbands family, implicating everybody under section 498a of the indian penal code, bombay. Ipc 498a i was alive, 498a killed me by amit bhandari this book is a classic work on the section 498a on indian penal code he says that every man and woman of any age, marital status and religion must read this book to know how an in effective law can, and does, create havoc through its misuse in our society and adversely 6. Report a study of cases filed under section 498a, ipc. Discuss about mens issues and telecast in media that includes television, internet and other possible telecasting ways. Zee crime files video on misuse of 498a july 30th 2006 watch the interviews of victims of 498a misuse. Nov 04, 2019 498a use and misuse section 498a is inserted in ipc on 29th december, 1983 and is a major antidowry law that recognizes cruelty against women a crime. This guide talks about how to file a section 498a complaint against the husband, laws relating to mental harassment and torture to wife, and misuse of section 498a in india. Jan 17, 2021 women bear the unjustified burden of abuse by society. Dear friends, the misuse of ipc 498a is a very big problem in india. Husband or relative of husband of a woman subjecting her to cruelty. Misuse of 498a and other false cases on men will extinct if above two points are met 4. This research is exploratory and qualitative in nature.
How to fight false 498aget out of it fast lexspeak legal. Therefore research article would be dealing with the section 498a of ipc the claimed misuse in present context along with the arguments of the accused side. The misuse of ipc 498a has become a business of a lot of. Chandra bhan v state the honble delhi high court laid down the steps to be followed so as to avoid the misuse of section 498a of ipc. Men are not money minting machines, husbands are not sperm donors. Pdf domestic violence act 2005 and section 498 a of indian penal. In india dowry system was very much high in percentage and deaths, ill treatmen. Collection of 498a and dowry related news articles 12 mb pdf. The supreme court while hearing a special leave petition slp in rajesh sharma vs. Later we applied for mutual divorce and we got mutual divorce decree also. Memorandum against abuse and arrests of mothersinlaw and sistersinlaw in section 498a and dv act cases. 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. There is a massive misuse of section 498a ipc in india. The insertion of section 498a ipc is one such move.
State of up 2017 has provided safeguards against alleged misuse of section 498a of the indian penal code ipc. Doc misuse of section 498a in indian society rahul. Supreme court modifies earlier order on section 498a, leaves decision to arrest on police the court also said that though section 498a was enacted to protect women from cruelty in matrimonial houses, its misuse to harass the other side too is causing social unrest. Best way to fight against false 498a maintenance family law. These are the some useful judgement which a use in discharged and final argument in case myrights is an organization which fights for justice and provides free legal tips and tutorial. Fight against misuse of dowry law ipc498a get free. The sections 498a and 304b of the indian penal code ipc as well as the protection of women against domestic violence act, 2005, are three closelyrelated legal and judicial provisions designed. The indian penal code, 1860, was amended in 1983 and resulted in the insertion of section. On the occasion of international womens day, 2012, we the women representing the community of mothersinlaw and sistersinlaw would highlight the discrimination and abuse faced by us in karnataka and all over india. A brief overview of section 498a of the indian penal code. Government of india inserted section 498a under ipc by the amendment act 1983.
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