How Can 498a Case File Against A 12 Year Boy?

The Court's interpretation of the Indian legislature's provisions principally focused on the terms' simple meanings because it was implemented as a means of attaining experiment.

The legislation is therefore read generously and broadly to ensure that no statute violates the basic principles of the law.

Interpretation of Section 498A by the Court

For such a Section to be applicable, a number of requirements must be satisfied. They are-

The women have to be married. This section was added to prevent wives and female family members from suffering abuse at the hands of their husbands and family members.
The woman must have been subjected to abuse or harassment because it is unfair in and of itself to seek a dowry.
The spouse or the husband's family ought to have displayed such heinous mistreatment.

Scope of Section 498A of IPC

In order to protect married women from abuse by merely their husbands or family members, Section 498A was put into place.
The term "cruelty" has been extensively defined to include harassing a woman or her family in an effort to get them to accede to every illegal claim for any possessions or valuable security in addition to causing physical or psychological harm to the woman's body or health.
Cruelty towards a wife is a cognizable, non-compoundable, and non-bailable offense, according to Section 498A.
The penalty for violating this Section includes a fine and a three-year term.

Abuse of Section 498A of IPC

Women gained a lot of power once Section 498A was passed, and many of them have since always seemed to abuse their spouses and in-laws and gain unfair advantages for themselves. In order to extort and compel their family members, women who want to exact revenge on their spouses use Section 498A.

Given that the crime is cognizable and not subject to bail, educated modern women are cognizant of their significant power under Section 498A. With only one complaint, a woman has the authority to place her husband and his family members in jail. Due to the fact that the claim of a woman is often strengthened, and it becomes more difficult to refute the scenario she has previously presented in her complaint, it can also be challenging to fight against an accusation made under such a provision.

As a result, the following are some solutions to shield you from fictitious Section 498A cases.

A case under Section 120B of the Indian Penal Code constitutes criminal conspiracy or a defamation claim under the virtue of Section 500 of the Indian Penal Code.
A case under the virtue of Section 191 of the Indian Penal Code, which classifies "giving false evidence" as a crime
A counter-complaint alleging criminal intimidation may be filed per Section 506 of the Indian Penal Code.

The actions of subjecting another individual to unremitting mental pain by hostile interference or threats are referred to as harassment and cruelty, respectively.

If the wife or her family is exposed to this kind of intimidation to coerce them into giving up valuable security or property, Section 498A has been violated or misapplied.

Hence, it is beyond the mental capacity of a twelve-year-old boy to conduct such a heinous crime. Moreover, Section 498A does not apply to any penalties that may be imposed on a minor child who has not attained the age of majority outside the purview of the Indian Penal Code.

Consequently, bringing a case under the virtue of Section 498A against a twelve-year-old boy would be against the law's intent, and the court might view such instances as not founded on actual events. Only the husband and his family members could be held accountable for such actions, which are considered cruel under Section 498A.

You would require a lawyer to understand the validity and interpretation of Section 498A of the Indian Penal Code. A Divorce Lawyer In Gurgaon can be appointed if you want to learn more about Section 498A in order to file cases under it, and a Divorce Lawyer In Noida can be hired if you want to learn more about Section 498A in order to file cases under it. If you wish to file a complaint in Delhi under Section 498A, then a Divorce Lawyer In Delhi can also be hired.