What Supreme Court says about 498A?
What Supreme Court says about 498A?
The judgment says that the cases related to Section 498A shall be investigated only by a competent designated officer of the area and the same shall be under the superintendence of senior officer so that investigating officer does not misuse or abuse his powers of arrest.
Can wife withdraw 498A?
498A case is non-compoundable. Even the wife can’t withdraw the 498A,once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement.
Can 498A be filed by husband?
As of today though, Section 498a IPC is used by a woman in India to file a complaint against her husband for mental, physical, and psychological or any other agony or harassment and the punishment for 498a case under the IPC is also known well to the society due to the build-up of so many 498a cases coming in the …
Is Section 498a of the Indian Penal Code being misused?
From many years Supreme Court has been giving judgments on Section 498a of Indian Penal Code where court has also found that this section has been misused by many women and thus asked the law ministry to consider amending the same.
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.
Can a conviction under Section 498a of IPC be set aside?
Accordingly, the Court set aside the conviction order under Section 498A of IPC. The complainant Manisha was married to Kamal Poddar in the year 2006. In 2007, she alleged her husband and her husband’s relatives for demanding dowry and assaulting her physically. Thereafter, a complaint was filed under Section 498A and others of IPC.
Is Section 498A a cognizable and non-bailable offence?
Therefore, by special leave petition, the husband approached the Supreme Court. In this case, the Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives.
