Is 498A criminal case?Asked by: Manuel Hudson | Last update: February 19, 2022
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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 criminal case or civil case?
Article 498 A passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows, "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 ...
Is 498A criminal Offence?
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 happens when 498A is filed?
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 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.
Criminal Case effect on government job | 498a case होने से क्या सरकारी नौकरी चली जायेगी | ipc 498a
Does 498A affect job?
As per law, the principle is innocent until proven guilty. So, it will not affect your career prospect.
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 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.
What cases can wife file against husband?
The wife can file a complaint against husband under Section 498A, IPC, The Hindu Marriage Act, 195 and the Domestic Violence Act, 2005.
Who can file 498A case?
Yes. 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 happens after FIR in 498A?
Once the FIR is registered, police will make an enquiry and based on enquiry may or may not arrest the person. Once the person is arrested, he is entitled to bail till such time the charge sheet is filed and trial has started. ... After trial the courts will decide on whether the person is to be convicted or acquitted.
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.
Can husband file 498A against wife?
3) File case against Wife: Husband can file case against the wife for the threat and blackmailing done by her to file the false section 498A case. The documentation proof and other details are required while filing the case against the wife.
Who introduced 498A?
This was added in the case of Shobha Rani v. Medhukar Reddy.  It was held in the case that evidence is required to prove cruelty. If the act done is to harass women or any other person related to her to meet unlawful demands.
What is the case type for 498A?
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.
How many times wife can file 498a?
legally speaking, there is no limitation to file 498 A. Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.
How do you prove 498a in court?
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.
What if chargesheet is not filed in 498a?
498a is a criminal case and an offence under section 498A IPC. Without a charge sheet filed before the concerned magistrate court, there is yet to be a case for which you would receive summons from court.
What is the maximum punishment for 498A?
They may ameliorate some of the harshest aspects of India's infamous Section 498A. The newly- enacted provisions take away the powers of the police to arrest in cases of alleged offenses which carry a maximum sentence up to seven years of imprisonment.
What is mental cruelty in 498A?
...form of physical assault and even mental harassment also would come within the purview of Section 498A IPC. Mental cruelty, of course, varies from person to person, depending upon the intensity an...such a nature that is likely to drive the woman to commit suicide.
Can 498A case be withdrawn?
498A can be withdrawn after the divorce decree is granted to the spouses ,the condition being that before the divorce the parties should reach to a settlement where the wife agrees to withdraw the 498A charges against the husband .
Is 498A only for dowry?
498A IPC does not only deal with dowry deaths but also any willful conduct on part of the husband which causes harm to the wife's ' life, limb or health (whether mental or physical). 'To prove that cruelty was caused under Explanation a) of S.
What happens to 498A 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 is the bail amount for 498A?
On compliance of afore-noted consent directions, in the event of arrest, petitioners would be released on bail by the I.O. on their furnishing a personal bond in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of I.O. 18.
Will 498A be an obstacle for private job?
There is no reason for you not to join any Organisation fearing adverse action from your employer due to the said DV case and 498A FIR. ... Getting FIR filed by wife does not legally bar a candidate to apply for a job or an employee to continue his job till he is convicted.