An Introduction to 498A
These days, we often come to hear about 498a from any of our friends, colleagues, or other people in our contact. It’s because of an increasing number of False dowry, domestic violence and divorce cases against men. If you are not aware of this Section of the Indian Penal Code, this article will help you.
This Section was included in IPC in the year 1983 to protect married women against harassment pertaining to dowry or from the act of cruelty done by her husband or relative/relatives of her husband. If it comes to matrimonial cruelty, it includes all types of physical harassment, mental torture, etc. This law is meant to safeguard married women from any sort of continuous force, threats, or abuse for unlawful demands, done by their husbands or family members of the husbands. Section 498A is a cognizable, non-bailable, and non-compoundable offence.
According to the India Penal Code’s Section of 498a, ‘the husband or relative of the husband of a woman subjecting her to cruelty, shall be subject to imprisonment for 3 years and also liable for fine as well’.
Misuse of 498A: Come Up as a Tool for Women
As Section 498A says, “Whoever, being the husband or any relative of the husband of a woman, subjects woman to cruelty, shall be punished with imprisonment for a term that may extend to three years and shall also be liable to fine.”
As per the provisions coming under 498A, the accused can be arrested immediately by the police without initiating any preliminary investigation. And a wife can also file a criminal complaint against the husband and his family based on cruelty done by them.
Women Misusing Section 498A: Is there any truth behind it?
The motive behind introducing 498A was to give importance to women and protect their rights along with protecting them from some social evils like domestic violence. With the modernization of the era, this section has also been fancied by women by misusing it and causing a nuisance to their male partners even if they are innocent. With an increasing number of false cases of 498A, and getting aware of its consequences, the Supreme Court has labelled Section 498A as ‘Legal Terrorism’. As a rule of abuse, it was recognized that metropolitan and educated women are misusing the law to meet their self-centred needs. Similarly, in the cases filed under this section, the spouse along with his family members is prosecuted.
An infringement of Section 498a and its objectives are depreciating due to the increasing number of cases in which women are making fraudulent accusations against their husbands as well as the family members of the husbands. Such cases are filed at no valid reasons only to cause trouble or loss be it a social image or financial loss of the in-laws or husband’s family members. The misuse of 498A/Section 85 is consistently increasing due to its nature; cognizable and non-bailable and works in a bother-free way on the objection of the wife to put the husband and/or his family members behind bars without any preliminary investigation. Several women misuse the provisions of this law to get separation from their husbands and remarry and demand a high remuneration or alimony after separation. There are many cases where a woman gets married a rich man and soon files 498A against him for claiming alimony. Such women target ultra-rich men and marry them for the sake of claiming alimony after getting separated within a short period of marriage.
How can you protect yourself from 498A?
A husband accused falsely under Section 498a can file a counter suit under various sections of laws. It may depend on the conditions and factors involved, such as;
He may file a countersuit for defamation under section 500 of the IPC. The section can be brought into use if a woman has filed a false 498A case with the intent to trash the reputation or image of her husband or his family members by falsely accusing them.
In the condition where a man finds that his wife is making any criminal conspiracy against him or his family members, he can file a case under Section 120B of the IPC for a criminal conspiracy.
In case if a husband finds that the evidence which is being used against him is false, he can allege that he is being wrongfully framed under section 191 of the Indian Penal Code.
If a man realizes that a false case under section 498A has been filed by his wife against him or his family members, a counter lawsuit under section 227 IPC can be filed for violating the condition of remission of punishment.
If a wife threats a husband to harm him or his family members, a counter-complaint under Section 506 of the IPC can be filed.
What is the procedure to seek protection against section 498A?
The Indian law has several unidentified clauses to escape in the case of false cases of domestic violence filed against husbands. By following the below procedures, one can attain protection under section 498A;
- Collect all evidence and documents
- The primary way to refute an allegation is to collect & present all confirming proof and evidence. A husband should begin examining and collecting as much proof as possible, including
- Any conversation between the husband’s relative and his wife or any type of communication in the form of SMS, WhatsApp messages, Letters, Call Accounts, etc., between the wife and her family members
- Any proof whatsoever that the spouse left her own volition
- Proof of verification that dowry was not demanded or requested pre or post-wedding
Anticipatory Bail
If the husband gets to know secretly that his wife may or is planning to lodge an FIR against him under Section 498A, he should get legal protection with the help of a legal advisor and obtain an anticipatory bail before his or his family member’s arrest.
Quashing of a 498A FIR
If a wife has filed a false 498A against her husband, he can appeal to the High Court under section 482 of the Code of Criminal Procedure. If an FIR has been recorded, generally the Courts hesitate to void an FIR or get into Police interaction. However, if you have sufficient proof, the court can make the false case of 498A null and void, filed by the wife of the husband.
File an FIR against Wife for filing bogus 498A
The husband can file an FIR against his wife for filing a bogus or false 498a case against him. Moreover, you can also file a defamation case against your wife that was done for extorting money from the husband.