Table of Contents
How can we stop misuse of 498A?
State, the Hon’ble Court introduced the steps to prevent the misuse of this Section:
- FIR should not be regularly reported as such;
- Police endeavour should be to carefully screen complaints and then register FIR;
- No case should be registered under section 498-A/406 IPC without the prior authorisation of DCP / Addl.
What proofs are required for 498A?
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 is the conviction rate under Section 498a of IPC?
The cases registered under Section 498A are increasing every year, though the conviction rate each year is falling. The conviction rate under Section 498A is ¼ of the total crimes conviction rate. Out of the above filed cases against women, major cases are related to dowry death or comes in the ambit of Section 498A :
Is Section 498a of the Indian Penal Code legal terrorism?
Supreme Court calls the Section 498A as ‘Legal Terrorism’. The misuse or abuse of the law is mostly done by urban and educated women. Also, in most of the cases, the husband and two of his relatives are prosecuted. Women use it as a weapon than to shield themselves.
Who can file a case under Section 498A?
The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
What is Section 498a of the Indian Constitution?
The Indian Constitution is using the section 498A to protect married women from cruelty at the matrimonial home. The section was added to IPC to protect women from any domestic violence. Though there is wide misuse by the women. This section is the most fiercely debated section of the IPC.