Quick Answer: What Is The Case Type For 498a?

Can husband file 498a case against wife?



Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives.

498a (dowry harassment case) leads to arrest without any verification or investigation..

What is the punishment for mental harassment in India?

shall be guilty of the offence of sexual harassment. 2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

What is the difference between 498a and domestic violence?

The amendment focuses not only on dowry deaths but also cases of cruelty to married women by their in-laws. Section 498 (A) IPC is the only section in the IPC that recognizes domestic violence against women as a crime.

What is the procedure of 498a case?

All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.

Who can file complaint under 498a?

Who may file a complaint? The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.

How do you prove innocence in 498a?

Oral and Written Evidence: In Criminal cases like 498a, there has to be oral statement given to the court and the written statement will not be considered. The evidence should refer to the fact or the allegations which is seen, heard perceived or has to give the option.

What happens after chargesheet is filed in 498a?

Final report means that the police has come to the conclusion that no crime is made out. Framing of Charges/ Discharge: After the chargesheet has been scrutinized by the accused/ their lawyers, the court proceeds to frame the charges, i.e. telling the accused on what crimes they have charged you.

What is cruelty in 498a?

In 1983, Section 498A was adopted to shield married women from being exposed to abuse by the husband or his relatives. … Harassment for dowry falls within the section’s sweeping of the latter limb. Creating a situation that causes the woman to commit suicide is also one of the “cruelty” ingredients.

Can FIR be filed without evidence?

The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence. The Offence for which the FIR has been registered against the accused has never happened; The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.

Is 498a a ground for divorce?

Section 498A IPC: Acquittal may become a ground for the husband to seek divorce due to mental cruelty [Read the Order] … 2019 has observed that once acquitted for an offence under Section-498A, husband can claim curelty and seek divorce.