What is the punishment for misuse of 498A?

What is the punishment for misuse of 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.

What comes under Section 498A?

India Code: Section Details. [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 do you prove a 498A case is false?

The accused must start compiling as much evidence as he can, such as:

1. Any conversation over the phone between the wife and the husband or his relatives, or any call recordings of the conversation or text messages.
2. Any proof that the wife has left her husband’s home at her own will.

What types of cruelty are dealt by the law against domestic violence?

Four types of cruelty are dealt with by this law: conduct that is likely to drive a woman to suicide, conduct which is likely to cause grave injury to the life, limb or health of the woman, harassment with the purpose of forcing the woman or her relatives to give some property, or.

What happens if wife files 498A?

Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine.

How long does a 498A case run?

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

What is the difference between 498 and 498A?

Section 498-A 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.

Is 498A criminal case?

Section 498A makes it criminal for a husband and his relatives to subject a married woman to cruelty is which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property.

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.

What is IPC 498A Indian law?

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—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.

Is 498a bailable Offence?

498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.

What is the difference between 498a and domestic violence?

Domestic violence is known for the complaint related to any form of harassment even without demand of Dowery such as violence for example physical, mental social, economic etc. Whereas 498A of IPC is attracted when primarily a victim is subjected to harassment for non-fulfillment of dowry demand.

Which is cruelty under Section 498a of IPC?

Under section 498a of ipc cruelty includes the said incidents and other defined by the courts from time to time. He defines “cruelty” as the act of inflicting physical or mental harm on a woman’s body or health and forcing her or her relationship to engage in acts of harassment aimed at forcing her to comply with any illegal demands.

Which is the only crime under Section 498a of Indian Penal Code?

The offense under Section 498A is cognizable, non-compoundable and non-bailable. Section 498 (A) is the only section in the Indian Penal Code, 1860, that recognizes domestic violence against women as a crime.

What are the different types of cruelty under IPC?

There are different types of cruelty which are covered in meaning of cruelty under ipc. Section 498a of the indian penal code covers all types of cruelty, mainly demand of cash or kind as dowry before marriage or after marriage.

Who is liable for imprisonment under section 498-A?

Section 498-A: Husband or relative of husband of a woman subjecting her to cruelty — 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.