Question: What Is The Punishment For 498a?

Is there any law against wife?

The Section 498A of the Indian Penal Code which deals with cruelty to a wife states that: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine..

How can you protect yourself from false 498a?

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.

Can 498a case be withdrawn?

You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.

Can husband File Case Against Wife parents?

The husband has to take legal steps to safeguard his interests in protecting himself from possible criminal complaints that the wife’s family may initiate including dowry harassment, marital cruelty u/s 498A and 406 IPC, maintenance claims etc. … u can file FIR in PS of ur area under 362 of ipc against her parents. 2.

Is anticipatory bail for dowry case?

How to get bail and avoid police custody in a dowry case under Section 498A. If you have any reason to believe that your wife may file a dowry case against you, you should immediately apply for an anticipatory bail. Once you get an anticipatory bail, you will not have to spend a single day in police custody.

What cases husband can file against wife?

It means, only a husband can file a criminal case under Section 497 against the paramour with whom his wife had undergone a sexual intercourse. However, a wife cannot lodge a complaint against the woman with whom her husband has physical relationship.

Can dowry case be withdrawn?

498a case is non-compoundable. … Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement . According to it they file the report and court may discharge the case.

Is 498a valid after divorce?

The top court has held that prosecution under Section 498A of IPC or under other provisions of the Dowry Prohibition Act will not be sustainable once a couple has separated under the pertinent law. The maximum punishment under penal provisions goes up to five years in jail along with monetary penalty.

What happens if 498a is proved?

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. … Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

How do I get rid of 498a?

Since the offence under Section 498a is a criminal offence, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction.

How long is anticipatory bail valid?

The courts can pass restrictive conditions in the anticipatory bail orders on a case-to-case basis. The anticipatory bail orders can continue till the end of the trial and the court should keep in mind the conduct of the accused while passing the orders.

Is 498 a bailable?

An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognisable in that a police officer can make an arrest without a warrant from the court.

How do I prove a 498a case?

remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.

Can police give bail in 498a?

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

Can wife take back in 498a?

The charge against section 498A is non compoundable, So, your wife can not withdraw it of her own, 2. She has to give such evidence before the Court which will exonerate you.

How long does a 498a case take?

Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.

How do I remove my name from 498a case?

U can file a petition under section 482 cr. p.c before high court in whose jurisdiction fir registered praying to quash the fir and stay of further proceeding arising out of fir including arrest.