498a Do’s and Don’t What should you do on receiving a call or notice from Police

It is no secret that our country’s laws are gender-biased, and these laws are favoring women irrationally. In India, it has become a very common/casual thing for women to abuse these laws and file false cases against their husbands in order to settle personal scores or clear personal vendetta which sounds very uncouth. More often than not, the cases are discovered to be frivolous over time. In most cases, the wife files a criminal complaint in the CAW cell of the police station under IPC 498A. This section is frequently combined with others such as 354, 376, 406, 504, 506, 323, etc. of the Indian Penal Code and others. When you file a complaint, the role of CAW Cell/Mahila Thana of the police begins, and you must interact with the police officer or Investigating Officer.

The Delhi High Court has dissolved a marriage between a Hindu couple, saying that the wife filed a false criminal complaint against her husband which caused him immense mental cruelty and agony.

A bench headed by Justice Vipin Sanghi said that false allegations in the present case amounted to “a clear and categorical character assassination” of the husband, as well as his family members. It said that the wife did “everything to get the appellant and his family entrapped in the criminal case.”

There are some of the ways in which one should deal with such situations which have been discussed as follows:

1. Do not panic or be afraid if you receive a call or notice from the police station. When you are afraid, you may lose your ability to think rationally and are more likely to make mistakes.
2. When dealing with police, keep your cool and avoid becoming aggressive or emotional. It is critical to demonstrate proper behavior in front of the police.
3. In the initial stage of interaction with police, most people immediately contact a lawyer. At this point, lawyers entice victims to apply for Anticipatory Bail in order to avoid arrest, which may turn out to be unnecessary in the long run. Better, you join a legit Men’s rights group/forum.
4. The police force is biased towards women. They are naturally opposed to men and would conduct the same investigation. It is critical to understand the duties and powers of a police officer or investigating officer before entering a police station. Learning about your rights as an Indian citizen would be beneficial.
5. The formal investigation begins as soon as the FIR is registered at the police station. At this point, request a 41A notice and cooperate with the investigation. There is no reason for police to arrest you if you are cooperating with the investigation.