Table of Contents
Is Section 498 is bailable or not?
The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cognizable offence. Bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left.
Is 498A criminal offence?
The act committed under section 498 IPC is a criminal offence, punishment is imprisonment for a term of 2 years, or with fine, or it could be both, depending on the facts and circumstances of the matter. It is non-cognizable, bailable offence triable by any Magistrate.
Who can file 498A?
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 in a 498A case?
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 do I protect my parents from 498A?
Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.
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.
Can wife file 498a divorce?
Yes it is possible and is valid reason to file 498 against husband filing of divorce petition have nothing to do with the domestic violence act and 498 a and it is always possible who filed cases against this act and section.
What is the punishment under section 498-A of IPC?
Section 498A in The Indian Penal Code 376[498A. Husband or relative of husband of a woman subjecting her to cruelty.-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.
What is 498A, Cognizable or non-cognizable?
In legal terms, 498A is an offence, which is Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police are duty bound to register and investigate a cognizable offense. 498A is a cognizable offense. Non-Bailable: There are two kinds of offences, bailable and non-bailable. 498A is non bailable.
What is Section 498A?
“Section 498A – Husband or relative of husband of women subject to cruelty…shall be subject to imprisonment for a term of three years and shall also be liable to fine.”Today this Section 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.