Q. What is 498A?
A. To understand the FAQ’s of 498A, we first need to understand what is 498A. As per IPC, 1860, section 498A states “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.” In layman language to understand what is 498A, it means any cruelty on a wife by husband and his relative will be punished for a term which may extend to three years and shall also be liable to fine.
Q. After understanding what is 498a let us understand What is the ground of arrest under section 498A?
A. Since 498A is a cognizable offence, a police office may make an arrest if he receives a complaint which shows to fulfill the ingredients of 498A, which are cruelty done to a wife by husband or/and his relatives
Q. After understanding what is 498a and ground of arrest in 498a, the most important question comes in mind Is 498A of IPC is criminal offence?
A. Yes
Q. Is 498a ipc bailable or not ?
A. 498a IPC bailable or not : The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cognizable offence. Anticipatory Bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left.
Q. How long does a 498a case run?
A. How long does a 498a case run : Many People ask on forum to how long does a 498a case run and they have no idea that how long does a 498a case run so we can clear that If you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.
Q. What steps can be taken against wife and her family for filing a fake 498A case?
A. If the case is found to be false in investigation or after trial a case under section 182 can be filed apart from filing defamation case.
Q. What is the anticipatory bail in 498A and its procedure?
A. Refer this answer anticipatory bail in 498A. As soon as you learn about the police complaint against you under section 498a, contact a good lawyer to apply for pre-arrest notice or notice bail in 498A, and anticipatory bail in 498A Bail.
Q. Can section 498A of IPC be applied after engagement and before marriage?
A. No, but a girl may file a dowry harassment case under Dowry Prohibition Act.
Q. Can someone file a defamation case against a wrongly filed 498A?
A. Yes
Q. Is the accused instantly arrested after a case is filed under section 498A of IPC?
A. No
Q. Is 498A a “legal terrorism”?
A. The same has been quoted in a judgment but it depends upon the facts of a case. What is 498a, it is when the woman I being subjected to cruelty by her husband or any of the relatives.
Q. What is the status of women after filing fake 498A case?
A. She still is a legally wedded wife till a divorce decree is granted by a court. The husband can file an anticipatory bail in 498a.
Q. What is the need of section 498a of IPC?
A. Section 498A was brought into the IPC in the year 1983 to curb the menace of cruelty to married women, which often led to dowry deaths.
Q. Can a 498a case be filed in a place other than where the cruelty occurred?
A. Yes
Q. Is IPC 498A constitutionally valid?
A. Yes, the APEX court has held it to be valid
Q. Is 498a of IPC ” Anti- Social”?
A. There has been misuse of this section by disgruntled wives and measures must be adopted to prevent harassment of huband and his relatives
Q. What is cruelty under section 498A of IPC?
A. Any willful conduct which can drive a woman to suicide or cause injury and harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security
Q. Is there anyway 498a can be averted at police station?
A. Yes
Q. What is the stand of judiciary on 498a misuse?
A. Judiciary has criticised the misuse of the provision and created guidelines which as curbed misuse to some extent
Q. What is the conviction rate in 498a?
A. Less than 13%
Q. Is 498a IPC is anti-women?
A. No, its not anti women. In fact it is a sword in the hands of Indian women.
Q. Is there any need to amend section 498a IPC?
A.Yes
Q. Is section 498a ultra vires the article 14 and 21 of the constitution of India?
A. No, the apex court has held its constitutionality
Q. What is the difference between section 498a of IPC and section 4 of Dowry Prohibition act?
A. Section 498A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
Q. What are the goals and aims of section 498a IPC?
A. Section 498A of IPC aims to protect the woman from the harassment and cruelty that she is subjected to by her in-laws.
Q. On whom “burden of proof” lies in cases of 498a IPC?
A. Burden of proof which primarily lies on prosecution/wife’s side.
Q. Can a wife file 498A after 7 years of marriage?
A. Yes. And in order to get protection or not have an attempt to arrest the husband along with his lawyer can file an anticipatory bail in 498a.
Q. How can Indian men legally protect themselves from women misusing section 498a?
A. There is no way to protect legally but you can defend it successfully if a false case has been filed. They can protect themselves by filing an anticipatory bail in 498a.
Q. What is the difference between 498a and domestic violence case?
A. If anybody practices cruelty, or demands the dowry, the person would be accountable to be prosecuted criminally for an offence under Section 498 A. “Victim” in DV can approach the Magistrate with an application complaining of Domestic Violence. Victim can ask for various reliefs mentioned in the provision. The reliefs can be like maintenance, shelter, custody of child etc.. Court may pass sentence as well.
Q. Is there any law against women for misusing 498a?
A. There is no specific law for misuse of IPC 498A or for that matter most other sections of IPC.
Q. What are the new guidelines of section 498a?
A. They are mentioned in the Judgment “Social Action Forum for Manav Adhikar & another vs. Union of India”
Q. What is the police procedure for arresting 498a?
A. Call the accused to join investigation by sending notice under CrPC 41(A), If the accused is not co-operating/ custodial interrogation is necessitated, a permission is sought from concerned DCP for arrest of that person. In normal circumstances permission for arrest of husband only is given by DCP.
Q. What are the ingredients of section 498a ?
A. For commission of an offence under Section 498-A, following necessary ingredients require to be satisfied:
(a) The woman must be married
(b) She must be subjected to cruelty or harassment
(c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband
Q. What are the counter case available against false/ fake 498a ?
A. File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.
Q. What is the Nature of Offence under Section 498A ?
A. 1. Cognizable: Cognizable if the information relating to the commission of the offence is given to the officer.
2. Non-Bailable (498a IPC bailable or not) : This means that in a complaint filed under Section 498A the magistrate has the power to refuse bail and remand a person to judicial or police custody.
3. Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be withdrawn by the petitioner except the state of Andhra Pradesh, where 498A was made compoundable.
Q. Is Section 498a IPC bailable or not?
A. 498A is non-bailable.
Q. Is 498a and dowry harassment same?
A. NO
Q. Is presumption of innocence applicable in case of 498a?
A. YES
Q. What is the conviction rate under section 498a ?
A. Less than 13%
Q. Are offences under section 498a compoundable?
A. No, but in the special circumstances the Court has got ample jurisdiction to quash the proceedings in exercise of its powers under Article 226 of the Constitution of India.
Q. What precautions can an Indian men take to save himself from a false 498a case?
A. Nothing, If the woman is adamant to file 498a she will.
Q. Is there any judgement where women was convicted or fined for filing false 498a case?
A. No
Q. When was 498a introduced?
A.1983
Q. Is there any automatic arrest in 498a cases?
A. If there is no seen grievous injury the chances of immediate arrest are very less.
Q. Is there any organization for men’s right against 498a cases in India?
A. Yes, there are many.
Q. Is “matrimonial cruelity” comes under section 498a IPC?
A. 498a deals with matrimonial cruelty
Q. What are the essentials of section 498a IPC?
A.
(a) The woman must be married
(b) She must be subjected to cruelty or harassment
(c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband
Q. What is the Punishment under section 498a IPC?
A. Imprisonment for a term, which may extend to three years and shall also be liable to a fine.
Q. Is it possible to avoid arrest after registration of FIR in case under section 498a?
A. Yes
Q. Can an offence of dowry harassment/mental torture/physical torture against a wife be deemed a continuing offence and consequently lead to registration of an FIR u/s 498a.
A. Yes
Q. Is an accused person under section 498a IPC presumed to be guilty unless proven innocent?
A. No
Q. Has IPC 498a been repealed?
A.No
Q. Is it possible to cancel FIR filed u/s 498a?
A.Yes
Q. Can FIR be filed on the ladies of the house, like mother-in-law and sister-in-law in 498a case?
A. Yes
Q. Can husband get arrested in 498a without any notice from police?
A. Yes
Q. Whether section 498a should be amended to make it compoundable and bailable?
A. Yes
Q. Can a woman file 498a after divorce?
A.Yes
Q. Can I get anticipatory bail in 498a?
A. Yes
Q. Can 498a case be withdrawn?
A.No
Q. Can a wife file 498a twice?
A. Yes
Q. Can a 498a FIR be quashed?
A. Yes
Q. Can I travel abroad with 498a case?
A . Yes
Q. Is cruelity under section 498a IPC is a continuing offence?
A. No
Q. When was section 498a introduced in Indian Legal System?
A. 1983
Q. Is 498a of IPC a fundamental right of women?
A. NO, it’s a statutory right
Q. Can a case under section 498a IPC of cruelity be directly filed in High Court?
A. Yes
Q. During the pendency of section 498a IPC , the wife has gone for a 2nd marriage. What effect does it have on the 498a IPC of the husband?
A. No effect, the trial can run as it is.
Q. Can someone leave India if being charged with IPC 498a and the investigation still going on?
A. Yes
Q. If cruelity is done by the second wife then is it possible for the legally married first wife to sue her under section 498a IPC?
A. Yes
Q. What happens if a fiancee registers IPC 498a against the groom?
A. Cannot register. A woman has to be married.
Q. Can a person other than husband and her husband’s relative be prosecuted under section 498a IPC?
A. No
Q. Is 498a is baised and wrong step in IPC?
A. Yes
Q. Is IPC 498a applicable in cases where the husband demands the salary of his wife?
A. Yes
Q. What is 41a notice in 498a?
A. It is very important to understand what is 41a notice in 498a. Section 41a was inserted in CrPC to prevent unnecessary arrest.
The accompanying questions and answers should clear up any confusion about what is 498A, bail in 498A, anticipatory bail in 498A, 41a notice in 498a and associated issues.