Sage-Tips

What is the maximum punishment in 498A?

They may ameliorate some of the harshest aspects of India’s infamous Section 498A. The newly- enacted provisions take away the powers of the police to arrest in cases of alleged offenses which carry a maximum sentence up to seven years of imprisonment.

What to do if 498A is filed?

All complaints under Section 498A IPC received by the police or Magistrate must be sent to the committee. The committee must look into the matter and send a report on it within 30 days to the authority that referred the complaint. No arrest must be made until a report is sent by the committee.

Is 498A is bailable?

498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.

How do I get bail on Section 498A?

How to get bail and avoid police custody in a dowry case under Section 498A

1. Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
2. Draft an anticipatory bail application along with your lawyer and sign it.
3. The application must also include an affidavit in support of it.

What is Section 498a of the Indian Penal Code?

SECTION 498A OF THE INDIAN PENAL CODE : A woman’s husband or her husband’s relative is subject to cruelty. – Anyone who abuses a woman who is a relative of a husband can be sentenced to three years in prison and also be liable to a fine.

How to file a complaint under IPC 498A?

Arrest under Sec. 498A of IPC on the basis of a complaint should be done only with written order of the Police officer of the level of District Police Chief or equivalent and it should be ensured that there is sufficient material for arresting the accused and charge sheeting the case.

What is harassment for dowry under IPC?

Harassment for dowry falls within the compass of a latter limb of the section. creating a scenario driving the lady to commit suicide is additionally one in all the ingredients of ‘cruelty.’ The offence under 498a of ipc is cognizable, non-compoundable and non-billable.

What is the amount of bail in 498A case?

Anticipatory bail application 498a can be filed in Sessions Court and if it is rejected by session court, then can be filed in High Court. 498a bail amount could vary from Rs. 10000/- to Rs. 50,000/- depending upon circumstances.