Section 498a ipc pdf

A doctrinal research on section 498a ipc, 1860 a critical analysis. Indian courts had been using this provision to safeguard the women from facing the cruelty faced by them at their matrimonial home. Corelation between section 306 and section 498a indian penal code, 1860. Analysis of supreme court cases on section 498a ipc by divyansh hanu rathi introduction institution of marriage is an oldest social institution and provides a foundation on which whole superstructure of the civilization and prosperity is built. Ma r r i a g ei st h ev o l u n t a r yu n i o nf o rl i f eo fo n ema na n do n ewo ma nt o t h e e x c l u s i o n o fa l lo t h e r s.

Section 498a ipc writinglaw bare act, bare act pdf. Section 498a of indian penal code, 1860 was inserted by the criminal law second. This article written by saumya sinha, a student of rgnul, is a good read on the practical aspects of the implementation of the provision on cruelty inserted by an amendment in the ipc, and penetrates into the veil created by s. It is thought that sec 498a and sec 304b were acquainted with and will supplement each other since sec 304b tends to the specific offense of dowry death and sec 498a looked to address the widescale domestic violence and cruelty against women for. The maximum sentence provided under section 498a ipc is imprisonment for a term which may extend to three years and fine whereas the maximum sentence provided under section 4 of the. State of upa two judge bench of justices ak goel and uu lalit observed that section 498a was inserted in the statute with the laudable object. In 1983, section 498a of the ipc was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. 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 als. Supreme court modifies its judgment on safeguards against misuse of section 498a ipc, scraps no arrest rule. Advisory on measures to be taken by statesuts to curb misuse of section 498a of ipc. The law commission previously, in its 237th and 154th reports had suggested making 498a compoundable. Dec 03, 2018 for the purpose of section 498a, harassment simpliciter is not cruelty and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc.

Anticipatory bail format 438 crpc dowry case us 498a ipc. Section 498a, marital rape and adverse propaganda flavia agnes the need of the hour is to salvage section 498 a of the indian penal code from the shackles of adverse propaganda and misuse by the media, goaded on by mens rights groups from the urban and privileged classes, and restore it as a viable law to protect victims. Doc a doctrinal research on section 498a ipc, 1860 a. Section 498a of the indian penal code ipc has become i. Pdf domestic violence act 2005 and section 498 a of indian penal. Under the latter, cruelty committed by the husband of his relations drag the woman concerned to commit suicide, while under the former provision suicide is abetted and intended. Prosecution us 498a ipc and dowry prohibition act not. Supreme court modifies its judgment on safeguards against misuse of. The object for which section 498a ipc was introduced is amply reflected.

Most important 498a judgments that positively shaped the indian judicial system and helped fight and protect against unlawful dowry act 498a cases. She symbolizes both laxmi and saraswati laxmi for wealth and saraswati for knowledge. A doctrinal research on section 498a ipc, 1860 a critical. The supreme court has held that prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long. Section 498a was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. Parliament had introduced section 498a in ipc in 1983 to deal with increasing number of dowry deaths while categorising the offence as cognisable and nonbailable. Ipc 498a harassment or cruelty to a woman indian law against harassment or cruelty to a woman, and dowry abuse section 498a i. The petitioner apprehends his arrest in a case under section 498a of the indian penal code, 1860 hereinafter called as ipc and section 4 of the dowry prohibition act, 1961. The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under ipc 498a or make out a case against the accused.

Criminal procedure code, 1973 section 482 indian penal code, 1860 section 498a quashing of fir cruelty only omnibus allegations made by complainant neither date nor time or place mentioned that as and when, by whom she was. Under section 198a of crpc, the court is bound not to take cognizance of an offence punishable under section 498a of ipc. Further, section 498a ipc was specifically included in 1983 to. Ipc section 498a husband or relative of husband of a. It was enacted with the aim of providing protection to married women against cruelty by their husband or inlaws, which often may lead to cases of dowry deaths. It is a cognizable, nonbailable, and noncompoundable offence.

The object for which section 498a ipc was introduced is amply reflected in the statement of objects and reasons while enacting criminal law second amendment act no. The indian penal code ipc is the official criminal code of india. Section 498a of the indian penal code, is a criminal offence. Private complaint petition format mynation knowledgebase.

Husband or relative of husband of a woman subjecting her to cruelty. Please read group rules click here, if you agree then please register click here and after registration join welcome group here. This was the first time that an attempt was made to consider domestic violence against women a criminal offence. People dont know what section 498a of the ipc is nor do they know what to do when a 498a case. Section 498a of indian penal code shreeyansh legal. Explanation for the purpose of this section dowry death shall have the same meaning as in section 304b of the indian penal code 45 of 1860. The historical background and legislative intent of section 498a of ipc the human life begins with a female. What is section 498a of the indian penal code ipc 498a. We are not lawyers, but no lawyer will give you advice like we do. Ipc 498a harassment or cruelty to a woman the indians. The most vital amendment came as the presentation of section 498a in the indian penal code ipc.

The article covers section 498a of the ipc relating to criminal law in which the. Section 406 ipc, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. People dont know what section 498a of the ipc is nor do they know what to do when a 498a case is registered against them. Is ipc 498a bailable punishment under section 498a is a maximum of three years but it had been made a cognizable and nonbailable offence, which made grant of bail to the accused a rarity in. Ipc section 498a husband or relative of husband of a woman. The the actual fact lies here that there is terribly low conviction rate in such form of cases and much has been written relating to the misuse of section 498a of the ipc that was introduced with the declared objective to combat the menace of harassment to a woman at the hands of her husband and his relatives. The exact definition of ipc sec 498a would read as. Section498a of the indian penal code, 1860 ipc was inserted by way of an amendment in 1983. Sep 01, 2018 the supreme court has held that prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long. Directives to prevent 498a misuse rajesh sharma vs. Cruelty by husband or his relatives, covered under section 498a of indian penal code ipc, makes up the largest chunk of all crimes against women the charge, often levelled by a wife against her inlaws in cases of dowry harassment, accounts for over 30 per cent of all crimes against women. Sep 18, 2018 is ipc 498a bailable punishment under section 498a is a maximum of three years but it had been made a cognizable and nonbailable offence, which made grant of bail to the accused a rarity in.

Top 5 supreme court judgment on misuse of 498a ipleaders. Ipc 498a harassment or cruelty to a woman the indians abroad. Criminal procedure code, 1973 section 482 indian penal code, 1860 section 498a quashing of fir cruelty only omnibus allegations made by complainant neither date nor time or place mentioned that as. Attempts were made in the present case in this direction, but unfortunately have failed. Distinction between section 306 ipc, 1860 and section 498a ipc, 1860 is that of intention. Pdf misuse of ipc section 498a harish a c academia. The supreme court today modified its judgment which had laid down safeguards for the prevention of misuse of section 498a of the indian penal code. The indian penal code ipc dowry law misuse ipc 498a by indian women. Material are used mainly primary resources referred like books, journals, articles and e sources. Husband or relative of husband of a woman subjecting her to cruelity. Section 498a new update september 2018 in hindi by ishan.

Result of the study modern women are stated to misuse the section 498a of the indian penal code, 1860. The ipc of section 498a deals with if the husband or a relative of the husband of women, subjects the woman to cruelty, he shall be punished with imprisonment to three years and shall also be liable to fine. December 1, 2014 husband or relative of husband of a woman subjecting her to cruelty. Section 498a of the indian penal code, 1860 ipc was inserted by way of an amendment in 1983.

The legislation indian penal code section 498a, ipc introduced in the penal code by criminal law second amendment act of 1983 act no. Section 498a ipc 498a ipc, ipcsection498a, misuse of section 498a, 498a misuse read 498a quash judgments divorce on grounds of desertion 12. Sep 14, 2018 the supreme court today modified its judgment which had laid down safeguards for the prevention of misuse of section 498a of the indian penal code. 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. The indian penal code ipc dowry law misuseipc 498a by indian women. T os t a r twi t hf i r s tweh a v et ol o o kt h a twh a tt h i swo r dma r r i a g eme a n s. Except in cases where the police report is filed by the aggrieved wife or by her father, mother,brother, sister or with the leave of the court, by any person related to her by blood,marriage or adoption. Section 498a of indian penal code, 1860 is misused against husband and his relatives. She is considered to be divine, creative, nurturing and supportive. It is a comprehensive code intended to cover all substantive aspects of criminal law. A critical study on misuse of section 498a of indian penal code, 1860.

However, it is the desire of a court to try and ensure that matrimonial disputes are resolved. Jun 07, 2019 directives to prevent 498a misuse rajesh sharma vs. Section 498a in the indian penal code indian kanoon. A critical study on misuse of section 498a of indian penal. Feb 22, 2018 the exact definition of ipc sec 498a would read as. Read section 498a, ipc has not been proved beyond all reasonable doubt, quashed posted in forms tagged petition, private complaint, private complaint petition, private complaint petition format. The code was drafted in 1860 on the recommendations of first law commission of india established in 1834 under the charter act of 1833 under the chairmanship of lord thomas babington macaulay. Sc judgement on section 498a ipc highlighting misuse of law against husbands 2018. Sep 14, 2018 parliament had introduced section 498a in ipc in 1983 to deal with increasing number of dowry deaths while categorising the offence as cognisable and nonbailable. Indian penal code, 1860 bare acts law library advocatekhoj. Husband or relative of husband of a woman subjecting her to crueltywhoever, being the husband or the. Ladies in india are increasingly misusing the antidowry law to harass inlaws. Proceedings under section 498a40634 ipc are not to be converted into recovery proceedings. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse.