Is 498A being misused?
Section 498-A being misused to implicate husband’s entire family: Bombay high court. Nowadays, women and their families have started making vague allegations against every member of the husband’s family, implicating everybody under Section 498-A of the Indian Penal Code, Bombay high court observed last week.
How do you fight against misuse of 498A?
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.
What is the most misused law in India?
The Dowry Prevention Law (Section 498A/ 406 of IPC)is one of the most misused provisions of law in India and yet no modifications seem to have been made in it over the years.
What happens if 498A is not 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 long is dowry jail?
—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten …
What happens if 498A is proved?
What happens in case of misuse of Section 498A?
It states that if such a woman is subjected to cruelty by a husband or relative of a woman’s husband, he shall be punished with imprisonment for a period of up to three years and also liable to fine. The crime under Section 498A is cognizable, non-compoundable and non-bailable.
Why is Section 498A considered an anti-male law?
Thus, one who brought 498A into action conceiving it as a shield against cruelty for women, i.e., the Supreme Court, is now considering it as legal terrorism. Because misuse of Section 498A diminishes its true credibility. That is one of several reasons for calling it an anti-male law.
What’s the difference between Section 304B and 498a?
Section 304B does not contain its definition, but further applies in section 304B the concept of cruelty or abuse specified in section 498-A. Under section 498A of the IPC, cruelty alone amounts to a related crime, while under Section 304B the offence relates to gift death and that death should have occurred during the seven-year marriage period.
Why was Section 498A added to Indian Evidence Act?
It was implemented in the code by the Criminal Law Reform Act, 1983 (Act 46 of 1983). By the same Act, Section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by a married woman. The main aim of the I.P.C section 498-A is to shield a woman who is being abused by her husband or husband’s relatives.