What happens in hearing of 498a?
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.
Can 498a be filed directly in court?
Dear, you can’t file this case directly in high court, first you have to make a complaint to the police and if the police is not taking necessary action then you can move to high court for issuance of directions to the police.
What is the process 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.
When can 498A be filed?
three years
Therefore three years is the time period to file 498a.
What happens if complainant does not appear in court?
In such a scenario when the complainant does not turn up in the court for evidence, the court will issue summons against the complainant to come to the court and depose. Thereafter you can can file a complaint in the court for the offence of defamation. Lodging of a false FIR/complaint is punishable under IPC.
Can DCP arrest under IPC 498A?
Supreme court has been giving judgments on misuse of IPC 498A for many number of years, and they had even asked the law ministry to consider amending it. Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498A but there is no guarantee that these rules are followed.
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.
What is an exemption from personal appearance under IPC 498A?
You are here: Home » 498a Judgments » Exemption from personal appearance to be granted for reason of long distance between accused’s residence and place of trial–Supreme Court in IPC 498A/DP Act case
Is there any police circular for arrest under 498A in India?
Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498A but there is no guarantee that these rules are followed. The advisory/letter/circular issued by home ministry in government of India is given here.