With the help of some common and frequently asked questions on 498A, we’ll try to reveal some interesting facts about this Section of the Indian Penal Code.
Is it possible to avoid a 498a case?
Generally, people put this question in a very straightforward manner “Is it possible to avoid registration of an FIR after a complaint by a wife?” So, the answer should be clear as well. If your wife has filed a criminal complaint against you for showing your behaviour which is mentioned in Section 498A of the Indian Penal Code (IPC). And if you fail to reach a settlement with her, there is no way to avoid an FIR.
Can arrest after registration of an FIR in a case u/s 498a be avoided?
Yes, it can be avoided. If the Police feel no need to arrest you in the case of cruelty filed by your wife, it can avoid arrest. On the other hand, they can arrest you later if they change their mind during the investigation phase, charge sheet filing, or trial phase. There is another way to avoid arrest in the 498a case which is seeking ‘Anticipatory Bail’.
Can a wife accuse other family members (Bhabhi, Uncle, Aunty, etc.) along with her husband in 498A?
If a wife wants to include the names of other relatives in her 498A complaints, she can do.
The inclusion of the names of other relatives in the 498A complaint doesn’t mean that those relatives will be arrested or questioned by the police or presented at the Court hearing. Instead, it can weaken the wife’s chances of securing the conviction of her husband in the trial.
Will I and my parents be arrested in 498a?
When it comes to the arrest of parents in 498a, there are only a few percentage of chances. And husbands are arrested in cases where police feel the need to make an arrest. However, even a husband can also escape from getting arrested if he gets a favourable response on his anticipatory bail application.
Is 498a a continuing offence?
The question should be asked in a more proper way which is ‘Can an offence of dowry harassment/mental torture/physical torture against a wife be deemed a continuing offence, as a result, it may lead to registration of an FIR under section 498a based on the complaint of a wife against her husband’ even after expiry of the limitation period?” Its answer is, most probably, Yes!
It is possible, especially in the case of mental torture that keeps on troubling the wife even after a long absence of her husband or his family members from her life.
What happens if the case of 498a is proved right?
Section 498A clearly states that if a husband or relatives/family are found to subject the wife to cruelty (be it mental or physical), in this condition, they will be imprisoned in jail for three years and may also be liable for a fine.
How powerful is 498A?
Section 498A of the Indian Penal Code (IPC) was introduced with the core objective to offer woman protection at their matrimonial home. In other words, the law is introduced to protect a woman who is either being harassed by her husband or relatives of her husband or both. According to the Chapter XXA of IPC under Section 498a, Matrimonial Cruelty in India is a cognizable, non-compoundable, and non-bailable offense.
Some Highlighted Cases under IPC Section 498a
We are sharing a glimpse of some cases filed in Section 498a which were not only popular among people of the nation but had a hot topic for the media as well.
1. Andhra Pradesh Minister Case
P Shankar Rao, a member of the Andhra Pradesh legislative assembly, was arrested in 2013 due to allegations of intimidation of witnesses after he had successfully obtained anticipatory bail in a dowry case. At the time of his arrest, he was the people’s representative from Secunderabad and had also worked as Irrigation Minister and Deputy Leader earlier. Along with that, he has faced cases related to allegations of forgery, land grabbing and cheating, etc.
2. A Minister of Odisha Case
A Law Minister of Odisha, Raghunath Mohanty was arrested along with his wife in March 2013 on the complaint of his daughter-in-law. It gave blows to not only his personal life but also the professional life of the minister; in a short period of a month. As a result, he lost the post of ‘Law Minister’ followed by the arrest of his son. Afterward, he along with his wife, was also forced to seek secret refuge in West Bengal. They were arrested by a special crack team of Odisha Police’s human rights cell from Howrah even before the crack of dawn.
3. A Movie Star (Prashanth) case
In 2007, a famous Tamil Nadu movie star had accused of dowry harassment and preventing his wife from contacting her parents. In the case, the Police had registered a prompt FIR based on her allegations but evidently, no charges were filed, due to which the case was declared baseless by the police in the absence of evidence. Later, the FIR was quashed according to the procedure but there is no information available regarding the quashing of the FIR.
4. Dowry Case of Nisha Sharma
A woman named Nisha Sharma from Noida turned away her groom’s wedding procession from the wedding venue and made allegations of dowry harassment against him and some of his family members. The incident had taken place in the year 2003. On the other hand, the groom alleged that Nisha had another suitor who claimed to be already married to her. The matter was so much exposed in the Media. A few months later, the woman married a third man. The groom Munish Dalal and his family were acquitted by the district court of Noida after a long trial run for about a decade.
Later on, Munish Dalal became a men’s rights activist. However, Nisha’s brother’s wife alleged her dowry harassment and an FIR was filed in the Panipat district of Haryana a few years ago.
There are many such cases that the nation came to know as they were quite highlighted by the media as well as people. With time, the number of false cases filed under 498a is witnessing a great rise. And several studies tell that the majority of dowry & sexual assault at matrimonial homes cases are filed with the intention to seek revenge from the husband or his family. And it has come up as a social menace in the last few years. Therefore, the judicial system must take a look at it and find out ways to effectively tackle it.