Question: What IPC 498?

What IPC 494?

—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine..

Can husband File Case Against Wife parents?

1. Husband and his family members do not have to harass the wife and her parents if she has been forcefully taken away by her parents. … Charges for dowry harassment, physical assault and domestic violence may be in the offing. In addition to this she can also file for a heavy maintenance from her husband.

How do I save on Section 498a IPC?

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.

What is the difference between 498 and 498a?

Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.

What IPC 493?

—Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to …

How do I prove a 498a case?

The accused must start compiling as much evidence as he can, such as:Any conversation over the phone between the wife and the husband or his relatives, or any call recordings of the conversation or text messages.Any proof that the wife has left her husband’s home at her own will.

What IPC 509?

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1 [shall be punished with simple …

Is 498a valid after divorce?

New Delhi: There cannot be an FIR against a man and his family members under dowry harassment charges after divorce, the Supreme Court has ruled. … Therefore, the bench said, where the complainant approaches with a case that there has already been a divorce, Section 498A will not be attracted.

What is Anticipatory Bail in India?

As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made. … The provision empowers only the Sessions Court and High Court to grant anticipatory bail.

When was 498a introduced?

1983498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed.

Is IPC 498a bailable?

An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognisable in that a police officer can make an arrest without a warrant from the court.

Is adultery a crime in India?

While reading the judgment, Chief Justice Dipak Misra said, “it (adultery) cannot be a criminal offence,” however it can be a ground for civil issues like divorce. … Adultery was punishable with a maximum imprisonment of five years. Women, including consenting parties, were exempted from prosecution.

How do I get bail in 498a?

How to get bail and avoid police custody in a dowry case under Section 498AImmediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.Draft an anticipatory bail application along with your lawyer and sign it.The application must also include an affidavit in support of it.More items…

Can 498a be withdrawn?

498a case is non-compoundable. Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement.

What IPC 376?

“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.

Who can file 498a?

A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

What IPC 506?

506. Punishment for criminal intimidation. —Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.

What happens if 498a is proved?

Legal Effects of a proven false case of 498A (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”