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.

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 mental cruelty in 498A?

498A which deals with ‘Matrimonial Cruelty’ to a woman. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.

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.

Is 498A a 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.

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.

What is the end of 498A case?

The Supreme Court of India has now put an end to the “automatic arrest” resulting out of Section 498A complaints. On July 27, 2017 (Rajesh Sharma & Others v.

Can wife stay with husband after 498A?

Yes she can stay in the matrimonial home. Now she is required to file an application in the said court for cancelling his husband’s bail. Also, she can complaint in the nearest police station regarding the same.

Does 498A lead to divorce?

What is the offence under Section 498A?

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.

Do we need directions to prevent misuse of Section 498A IPC?

Thus, a question with respect to the need for directions to prevent misuse of Section 498A, IPC was raised in the appeal. The cases such a Sushil Kumar Sharma v. Union of India [6], Preeti Gupta v. State of Jharkhand [7], Ramgopal v. State of Madhya Pradesh [8] and Savitri Devi v.

Can a relative be dragged into court in a 498A case?

Thus, in most of the cases the relatives of the husband are also being dragged into Courts in cases of Section 498A. However, it is not necessary that they have been party to the offence. Thus, a question with respect to the need for directions to prevent misuse of Section 498A, IPC was raised in the appeal.

What is misuse of Section 498a of Indian Penal Code 1860?

According to the Indian Courts, misuse of 498A can be termed as legal terrorism. [iii] This article would further discuss the Judgments delivered by the Supreme Court on the misuse of Section 498A of Indian Penal Code, 1860.