Section 498. Section 498A IPC (Domestic Violence) 2022-11-09

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Section 498 of the Indian Penal Code, 1860 deals with the offense of "enticing or taking away or detaining with criminal intent a married woman". It states that whoever takes or entices any married woman, who is not living with her husband, or any woman who has been divorced by her husband or has separated from him, or any woman whose marriage has been declared null and void by a court of competent jurisdiction, with intent that she may have illicit intercourse with any person, or detains such woman against her will, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

This section of the Indian Penal Code has been the subject of much controversy and criticism over the years. It has been accused of being archaic and biased against women, as it effectively criminalizes adultery, which is considered a civil offense in many countries. This has led to the section being challenged in courts as being violative of the fundamental right to privacy and personal liberty guaranteed by the Indian Constitution.

Critics of the section argue that it is primarily used as a tool to harass and oppress women, particularly those who are seeking divorce or separation from their husbands. It has been reported that in many cases, women who seek to end their marriages or relationships are falsely accused of violating this section by their husbands or partners, in an attempt to discredit and punish them. This can lead to the women being imprisoned or fined, even if they are innocent of any wrongdoing.

In addition, some have argued that the language of the section is vague and open to interpretation, which can lead to its misuse by law enforcement and judicial authorities. For example, the term "illicit intercourse" is not clearly defined, and could potentially be used to punish women who engage in consensual relationships outside of marriage, even if they are not married themselves.

Despite the criticism and challenges, Section 498 remains in force in India, although it has been amended several times over the years. In recent years, there have been calls for its repeal or further reform, with some suggesting that it be replaced with a provision that criminalizes non-consensual relationships, rather than punishing those who engage in consensual relationships outside of marriage.

In conclusion, Section 498 of the Indian Penal Code has been a source of controversy and criticism due to its perceived bias against women and its potential for misuse. While it remains in force, there have been calls for its repeal or further reform in order to better protect the rights and freedoms of individuals in India.

Section 498A of IPC

section 498

Yes wife can file Petition under section 125 ipc even after 498a as it is having a different remedy of How to withdraw 498a case? It should be opened to the District and Session Judge or any other competent authority. It is even seen that the judges start assuming the accused to be criminal before the starting of the proceedings. How to withdraw 498a after charge sheet? What are the stages in the 498A case? The applicant appealed to the District Magistrate but was unsuccessful. When one person intentionally causes harm to another or does nothing when they could prevent harm, this is called cruelty. No woman should be encouraged to press charges against her in-laws for petty issues. The punishment for assisting someone in taking their own life is either a fine or a term of jail of any kind that can last up to 10 years.

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What is Section 498A & How it is misused: Explained

section 498

But in 498A or dowry harassment case, it is not decided. Lawfully speaking, there is no limitation to filing 498 A. To demand a dowry is harsh in and of itself. Â -Here relative means people who are connected by blood, marriage or adoption. All officials who conspire to unjustly accuse women and their families should face criminal charges. But it did not work. Dowry death is punishable under Section 304B, and it must have occurred within seven years of the marriage.

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Section 498A IPC (Domestic Violence)

section 498

There is no legal bar. Everyone who relies on a man will suffer if he is expelled from his own home due to charges of domestic violence or cruelty, whether or not those allegations are accurate. Such taking or enticing must be with the intent that she may have illicit intercourse with any person. But we often misuse the laws, which amounts to the constitutional validity. This is also the stage at which the Magistrate may decide that there is no prima facie evidence to prosecute the accused and discharge him.

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IPC Section 498

section 498

Maintenance is a separate right of a wife and minor children but only if she has no means to support herself. In plea before the Apex Court, the problem put forward was whether the High Court, just after seizing remark of the concession of the groups resolving they are their married conflicts, has failed in not establishing aside the injunction of confidence altogether. State of Bihar and another, it was held by the Court that arrest brings shame, diminishes freedom and leaves mental wounds forever. A person found guilty of committing a crime in the ambit of Section 498 - Cognizable or Non-cognizable? In the well-known case of Wazir Chand vs. This needs to be more explicitly stated so that grey areas in the law are closed. This section is non- bailable , Non-compoundable.

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Section 498A IPC punishment

section 498

It does not necessarily imply a violent takeover. However, it is also a true fact that, in spite of such theoretical knowledge, a woman is often subjected to violence. If I win my 498A case, can I take it as a ground of Divorce against my wife? No legislation can assist the woman in alleviating her emotional anguish. Such actions undermine the exact objective for which the statute was enacted. It was argued that the accusers carry more responsibility than the accused. Oral and documentary evidence can both be produced. Singana Naga Nooka Chakrarao v.

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Section 498a: What is 498A ipc punishment & protection against Section 498a case in India.

section 498

Therefore, it applies to situations where the wife kills herself or passes away during the first seven years of the marriage. Any form of physical violence, including but not limited to beating, burning, punching, biting, twisting limbs, hitting, strangulation, etc. It is a cognizable offence. He or she is given this opportunity to bolster his or her argument. However now as per the latest judgment, where the woman is residing can also file case from that location. In most instances, the naked eye will be able to detect physical cruelty. Yes, there is no restriction on the number of years of marriage while filing Form 498A.


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SECTION 498A IPC (INDIAN PENAL CODE)

section 498

If the case is established, they can be found guilty under both Sections, but Section 498A does not require a separate sentence because Sec. When I will get proper divorce? How can I proof her 498a case false. They have very good contacts within police department. Ramachandran 2003 , the Court did notice the contrary trend and ordered the law Commission and Parliament to make the offence a non-cognizable and bailable one, strongly condemning the misuse of this clause by a small number of women. He should seek Anticipatory Bail immediately.

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Section 498 IPC

section 498

But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. This Section applies to those cases wherein the woman is kidnapped or abducted, such that they are unresponsive to the criminal intent of the accused and are an unwilling party. She can also complain to the nearest police station considering the same. A large number of women have taken advantage of the enormous authority afforded to them by the implementation of Section 498A to harass their husbands and in-laws and to gain unfair benefits for themselves. Plea Recording of all accused.

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Cruelty by the husband or his relatives

section 498

Marriage is thought to be a divine social institution. Frequently asked questions Can a 498A petition be filed after 7 years of marriage? As a result, the in-laws avoided the clutches of With the growth of modernization, education, financial stability, and newly found independence, the radical feminist has turned 498A into a weapon. An offence under this Section is comparatively, a minor offence. Sessions court hears appeals from the lower-level magistrate court. Actually, no one can win section 498A. If you file for divorce, then you would be directed to pay maintenance if your wife files the maintenance request.


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Section 498A IPC

section 498

In the first three class of cases that is — Taken away, enticed away, concealed; the consent of the woman is irrelevant. Even after knowing that the complaint could be false, police were inclined to support the woman and ask the man to settle the case with financial compensation. The abuse of this section is rapidly increasing, and the women frequently well-educated know that this section is both cognizable and non-bailable and voluntary functions on the complaint of the woman and sighting the man behind bars. How long does a 498A case run? Yes, India follows the accusatorial system of criminal law, where the act of crime needs to be proved beyond reasonable doubt against the accused for a conviction. In many cases, men have even committed suicide, when their wives have harassed them to approach police or court, to send them behind jail, for no reason.


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