Section 498A if the Indian Penal Code,1860 provides for protection against violence faced by a woman from her husband and in-laws after her marriage. Section 498A empowers a married woman to file a case against her husband or his family members in case any mental, physical or psychological harassment was caused to her.
Although the clause of 498A was created to safeguard women from domestic abuse, some women are fraudulently accusing their spouses' parents and filing bogus cases against them as a result. Over the years, many such cases have come to light, where innocent people have been tangled in long proceedings of court leading to a loss in their time, resources and reputation as well. If you are being charged under the same circumstances, it is advised to seek professional advice from an experienced Divorce Lawyers in Jaipur.
Punishment under Section 498A
In case the husband of a married woman or any of his relatives have been accused of subjecting a married woman to cruelty or any sort of physical, mental or psychological act which could be summed up as cruelty, shall be punishable by a term in prison extending up to 3 years and shall also be liable to fine.
The rights provided under Section 498A-
· Section 498A provides a woman the right to file a complaint against her husband or his family members under this section, if she is being subjected to cruelty of any kind i.e., physical, mental or psychological.
· As the offense under this section is cognizable, i.e., the arrest can be made without an arrest warrant and non - bailable, i.e. without the right to be released on bail, this section ensures an immediate conviction of the accused.
Misuse of Section 498A-
Section 498A was introduced by the lawmakers to protect the interest of the married women and to ensure their protection from cruelty at home. Thus, to protect women from domestic violence. However, the current facts suggest that the provision is being misused by the women for their own benefits, thus causing a nuisance to the innocents.
· In most cases, where the provision was misused, it was found to be done by urban and educated women for their own selfish purposes.
· As the section is non - Bailable and is cognizable, it works in a completely hassle-free manner to put the accused behind the bars immediately. Many women are using the Section to get a divorce from their husband or in some cases to gain monetary benefits.
How to protect yourself from a false case of 498A?
Many options are available to a falsely accused man to protect himself from false allegations under the provision of 498A. A counter suit could be filed under the various provisions of IPC or CPC. For further information or to understand the various remedies available, it is advised to seek legal guidance from an experienced Divorce Lawyers in Banglore.
· Section 500 of the IPC - A counter case could be filed under Section 500 of the IPC for defamation. In this case, a woman tries to malign the image of her husband or in-laws by falsely accusing them under this Section and dragging them to the court.
· Section 120B of the IPC- A case for criminal conspiracy could be filed by the husband or in-laws, in case they find that the woman is criminally conspiring against him or his family members.
· Section 191 of the IPC- In case the husband finds that the evidence being used against him is false or manipulated, he can use this provision to allege that false evidence is being used against him.
· Section 277 of the IPC - Violation of condition of remission of punishment, a counter suit could be filed against the wife under this section, if it is believed by the husband or in-laws of the woman that a false case under Section 498A is being filed against them.
· Section 506 of the IPC - Punishment for criminal intimidation, if a woman threatens to injure or harm her husband or his relatives, a counter claim could be filed under this Section.
Conclusion-
Legal provisions are made to ensure a safer environment for the people of the country. In case, the same law is being used by the people for their personal interests, various remedies are also provided by the law. It is important for the aggrieved party to understand that legal options are always available for your safety. Thus, it is important to have a better understanding of the various legal provisions available to you, hence it would be favorable to seek legal assistance from a Divorce Lawyers in Hyderabad, who could provide you with appropriate advice related to your case.
Lead India offers you experienced advocates, who have been successfully handling cases related to domestic violence, dowry cases, counter cases related to the false domestic violence cases. Thus to seek legal opinion or assistance you may contact us.
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