Sage-Tips

Is Section 498A bailable or not?

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.

Can second wife file 498A?

This decision has no relevance to the present case on hand. c) In A. Subash Babus case (3 supra), a learned single Judge of this High Court relying upon Shivacharan Lal Vermas case (1 supra) held that a second wife cannot maintain a complaint under Section 498-A I.P.C.

What is IPC 498a?

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.

Is Section 408 bailable or not?

IPC 408 is a Non-Bailable offence.

Is 406 IPC a non-bailable offence?

Section 406 IPC (Criminal breach of trust) is a non-bailable offence. Section 498A IPC (subjecting a married woman to cruelty) is also a non-bailable offence. Truely speaking section 406 IPC is not an offence to be correctly associated with an offence under section 498A IPC.

What is the difference between Section 406 IPC and 498A IPC?

Section 498A IPC (subjecting a married woman to cruelty) is also a non-bailable offence. Truely speaking section 406 IPC is not an offence to be correctly associated with an offence under section 498A IPC. Although both offence are cognizable, yet police are not so free to effect arrest, as the law now stands.

What are the essentials required to constitute offence under IPC 498A?

Cruelty is one of the essentials required to constitute offence under 498A of IPC. it should be shown that the actual amount of cruelty which the women was subject to is enough to build the offence under this section.

Are Section 498A and 406 of the Indian Penal Code “legal terrorism”?

The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”. The supreme court in recent judgement of Arnesh Kumar Vs.