Shonee kapoor has gathered various instances where the elements of 498a were not present or were vaguebogus and therefore the accused was discharged. Taking note of misuse of section 498a, sc leaves decision to arrest in dowry cases on police. Landmark judgments that changed course of section 498a of. Section 498a of ipc or section 4 of the dowry prohibition act, 1961.
Saxena has said that there was no need to amend section 498a of indian penal code which was being allegedly misused to harass. Counter charge 498a offence legally is the best form of defense. Keeping this in mind, the honble supreme court undertook a reexamination of the directions and only retained the ones that find their bedrock within the indian penal code and in doing so propounded a more balanced approach towards the application of section 498a. Conviction rate of sec 498a cases is among the lowest of. Counter cases debunking forwards of ipc sections when passions run high, reasoning goes on a sick leave. The supreme court on tuesday ruled that a woman, who is driven out of her matrimonial home because of cruelty, can file a case against her estranged husband and inlaws at the place of her shelter or place of her parents where she resides. Jurisdiction no bar in dowry harassment case, says supreme. Pdf domestic violence act 2005 and section 498 a of indian penal. The s498a of the indian penal code, 1860, pertains to the offence of. The court relies upon mere statistics, saying that from 2011 to 2012, there was a 9. Heres what went behind new sc guidelines on 498a cases. Govt warns of action under ipc for violating quarantine action shall be taken under section 188 of the indian penal code disobeying public servants lawful order if mandatory quarantine is violated, a directive issued by the maharashtra government said on wednesday. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse.
Husband or relative of husband of a woman subjecting her to cruelity. But the trail is to be taken place under the jurisdiction of the court where the crime has taken place. Section 498a of the indian penal code ipc, which defines the offence of matrimonial cruelty, was inserted into the ipc by an amendment in 1983. Jurisdiction of court to entertain section 498a cases. It was added to the indian penal code in the year 1983. Download citation abuse of sections of ipcs 3o4 b and 498 a a case report indian penal code is the main criminal code of india. Passed by indian parliament in 1983, indian penal code 498a, is a criminal law not a civil law which is defined as follows, 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. The supreme court today held that courts at the place where a wife takes shelter after being driven out of her matrimonial house due to cruelty would, dependent on the facts of the case, have jurisdiction to deal with cases under section 498a of the indian penal code ipc. Cruelty against womensection 498a of ipc,1860 soolegal. Us court awarded divorce irretrivable breakdown claiming jurisdiction as we both were us residents at that time. Read more about martyrs of marriage documentary on misuse of ipc sec. My this mail might be like dousing cold water on the fires raging in some of you to file counter cases. The conviction rate of cases registered under section 498a ipc was also a staggering.
Per contra, the learned counsel for the second respondent. The apex court passed a series of directives while granting srinvas rao divorce from deepa after holding the wife guilty of. If you had waited for 11 years to get acquitted from 498a case which is so obviously false and blatantly misused, i am sure many of us will take more than that, since some cases are well thoughtoffby advocatus diaboli advocates of the devil. Ipc section 498a is the only section of the ipc which has a whole chapter dedicated to itself. It is no hidden secret that ipc 498a is a weapons of human rights abuse of husband and his familyrelatives, and judiciary including supreme court has given instances of its gross misuse and directives to government and law ministry for prevention of ipc 498a misuse and amendments. Section 498a of indian penal code deals with cruelty against women by her husband and in laws. If 498a is imminent, start collecting proofs in forms of letters, audios and videos, next step is to post your question in our yahoo group so that people who have already experienced 498a can provide you a helping hand. This particular section under indian penal code ipc says that if husband of a woman or husbands relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as its a non bailable offence. Latest news, videos and photos of 498a times of india. How to save yourself and your family from getting in 498a mess.
Explore 498a profile at times of india for photos, videos and latest news of 498a. The supreme court on friday took note of the misuse of section 498a and said that the accused can now seek anticipatory bail. In india among the 58319 dowry cases that were registered, 10,491 cases were not. In october last year, the supreme court had indicated that it would revisit its earlier verdict that put an end to automatic arrests under section 498a of the ipc often invoked in dowryrelated cases. The court also favoured the view taken by a twojudge bench that bail plea should be expedited in case of arrests under section 498a.
State of assam to the effect that no case under section 498a ipc is made out. The supreme court today directed that all criminal courts must try to adopt mediation efforts to settle matrimonial disputes, particularly cases of section 498a under the ipc that covers harassment of a woman by her husband and his family members. The exact definition of ipc sec 498a would read as. The decision of the lci quality team shall be final. Counter cases in 498a debunking forwarded ipc sections. The petition signed by around 150 womens groups referred to a recent apex court directive on the misuse of section 498a of the indian penal code. How to proceed with case under section 498a ipc answered by expert family lawyer. Union of india, the supreme court observed that complaints under section 498a of the indian penal code ipc were being filed on the basis of personal. The sc order on sec 498a addresses the demands of mens rights activists. How to fight false cases of dv, maintenance, crpc 125. Supreme court judgments on section 498a of ipc lawyers law.
False cruelty cases under section 498a ruining marriages, supreme court says 09 dec, 2014, 06. Recently, the supreme court had ruled that even a single false dowry complaint against the husband and inlaws was sufficient. Martyrs of marriage documentary on misuse of ipc sec. The registration of the fir follows a police investigation in the case. In most cases 498a complaint is followed by the demand of huge amount of money extortion to settle the case out of the court. Complaint case under section 498a of indian penal code. What section 498a ipc tries to do is prevent and punish the above act and reassert a womans. Judgments of supreme court india on 498a ipc dowry cases. The court said there are inbuilt remedies in criminal procedure to check the misuse of law like section 41a and anticipatory bail among others. Get section 498a latest news, videos and photos also find breaking news, updates, information on section 498a. The supreme court has removed a buffer against arrests under ipc section 498a, which deals with domestic violence and dowry harassment, and stripped trial courts of power to quash criminal cases filed by a wife even if a matrimonial dispute has been settled. The sc order on sec 498a addresses the demands of mens. The appellants in the complaint case are the mother and brothers of the mohammad pervez. Understanding issues of jurisdiction in a 498a case in quite a few 498a cases, the 498a wives allege that they were subjected to mental cruelty or harassment in the matrimonial home in the fir, but they end up filing the case in their native places or some other place where they may have the support of local police authorities.
As per the law of land, every information to the police relating to the commission of offence under section498a of the indian penal code for short ipc is supposed to be converted into a formal fir. 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. Rising misuse of 354, 377,376d ipc and futility of 498a. Supreme court restores police power in dowry cases. All you need to know about section 498a of the ipc ipleaders. Supreme court takes note of misuse of section 498a, says. Sec 498a of ipc has been one of the fiercely debated ipc sections, especially after multiple decisions of the supreme court. For the purpose of this subsection, dowry shall have the same meaning as in. December 1, 2014 finally the courts have started to realize that there is tremendous misuse of ipc section 498a.
Husband or relative of husband of a woman subjecting her to cruelty. Supreme court modifies its order on dowry harassment the. You may however sue the person for malicious prosecution in torts. Woman can file harassment case against husband or his family from anywhere, says supreme court. The court said that section 498as misuse to harass the other side too is causing social unrest. Domestic violence act and section 498a has been heavily being misused. In case of stridhan misappropriation, real or fictitious, it can be invoked in dowry related complaints. First it was the savitri devi case in 2003, wherein the judge had held that there was growing tendency among wives to come out with inflated and exaggerated allegations roping in each and every.
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 order was delivered as part of a judgment in one such case from uttar pradesh. Offenders are liable for imprisonment as well as a fine under the section and the offence is non bailable, noncompoundable and cognizable on a complaint made to the police officer by the victim or by. It is a cognizable, nonbailable, and noncompoundable offence. False cruelty cases under section 498a ruining marriages, sc says. In a bid to sensitise the society about the misuse of section 498a of the indian penal code ipc, a documentary film titled martyrs of marriage has portrayed the tales of how men are driven to commit suicide due to domestic violence and. In this case, the court observed that the fact that section 498a, ipc, is a barely. Understanding issues of jurisdiction in a 498a case. Acting chairperson of karnataka state human rights commission meera c. Section 498a of the indian penal code, is a criminal offence. Womens groups petition ncw, alleges dilution of section.
Criminal law arnesh kumar vs state of bihar,law commission recommendations on misuse of section 498a ipc,no arrests under antidowry law without magistrates nod,no automatic arrests in dowry cases,parveen mehta vs inderjit mehta,pinakin mahipatray rawal vs state of gujarat,section 498a of indian penal code,section 498a of ipc,supreme court. She participated in the proceedings remotely but did not consent to the divorce. Ipc 498a arrests, conviction rate, statistics show gross. 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 information relating to the commission of the offence is given to an officerincharge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the state government in this behalf. Abuse of sections of ipcs 3o4 b and 498 a a case report. The report regarding commission of cognizable offence under section 498a ipc or other allied sections may be lodged at the concerned police station where the incident takes place or at the mahila thana especially created in the district for investigation of such cases. False cases by women on men kept on increasing they started from 498a, flourished after dv act was passed in 2005, and unmarried women used technical rape.
Dowry cases us 498a ipc india 498a ipc,dowry cases in. 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. The difficulties of filing dowry harassment cases under section 498a after a 2014 supreme court ruling that stopped automatic arrests, filing a. A group of womens organisations tuesday petitioned the national commission for women ncw on the alleged dilution of the domestic violence law by the supreme court and the government. The court said that though section 498a of the ipc was enacted to protect women from cruelty in matrimonial homes, its misuse to harass the other side too is causing social unrest. The apex court in a judgment said courts are there to. Fraud is said to take place when a person, by means of deceit, illicitly induces you into doing something you would have otherwise not done. The judgment comes on a reference made by the supreme court in january 2014 on the question whether a case of cruelty on account of dowry harassment punishable under section 498a of. The petitioner apprehended 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. Here is a sample answer for you all to follow click here the legal provisions, case laws and link to an a related lci article any disrespectful or foul comment in the thread would attract disqualification.