Last Updated on April 21, 2021 by Satish Mishra
The terror of Immediate arrests in 498A coupled along with 406 IPC is back as the latest ruling of Supreme Court gives back the power to police to exercise this option.
Though the intent of Section 498 A is to protect vulnerable women who are struggling with the atrocities of men but it is mostly being misused and exploited by the same sex i.e. mother in laws.
Also Read- 498A LATEST UPDATE BY SUPREME COURT
The biggest drawback which comes now is that the entire family is involved into this saga without any role to play. For e.g sister, brother, aunt, uncle, distant relatives etc or all names that the girls family could remember.
In these testing times, free legal advice on 498A matters is not far away from expert matrimonial family lawyers across Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi.
Also Read- 498 A NOW AND THEN.
Let’s read Sec 498A and 406 IPC together:
Section 498-A: 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.
Explanation. — For the purposes of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Also Read- MATRIMONIAL ISSUES
Section 406– Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What makes 498A dreadful is its nature of offence which is non bailable and cognisable. That means no bail and police may make immediate arrests.
Also Read- DOWRY COMPLAINT AGAINST IN LAWS
Now steps to deal with false cases of 498A and 406 IPC:
1 Get Anticipatory Bail as soon as possible. Don’t think twice as this is the question of your parents safety .
2 Engage an experienced and best 498A Lawyer/advocate for this job who could plead the facts right in the beginning.
3 Speak out to cops regarding the registration of FIR status every now-n-then as this gives you ample time to prepare.
4 Remember, at this stage only Bail is heard not the entire case. Many of boys family thinks like this of a final arguments of the case which is not.
5 Never go for Quashing first as this would put your freedom at risk. Anticipatory bails mandatorily to be decided within a week whereas quashing takes minimum 6 months.
Also Read- ANTICIPATORY BAIL IN 498A CASES
6 Sit down and collect the goods calmly. Preserve the record and list of articles regarding istridhan, alimony, gifts and jewellery exchanged. Always handover the goods in presence of the police and respected individuals of the society. Mostly girls family even after taking the goods deny the same .
7 498A trial usually lasts for 2-3 years. So built your stamina for that or else you will end frustrated.
8 If possible try compromise quashing from Punjab and Haryana High Court at Chandigarh in 498A matters as this is the ultimate end of these cases.
9 498A matters are sensitive and needs proper handling or else you could land your family members in jail for no reason. Have a lawyer friend on your side while contesting false dowry harassment and cruelty charges.
10 lastly, convictions are rare in 498A and 406 IPC but that doesn’t mean women are left to be exploited. If found guilty, the law will punish those individuals sternly.
Also Read- COMPROMISE QUASHING IN HIGH COURT CHANDIGARH
Hope my takeaways on 498A & 406 IPC false cases are help to you and this guide helps you to pave the way for your defence.
For more info on subject, please dial 99888-17966. This post is written by Advocate Satish Mishra practising in District Courts of Chandigarh Panchkula Mohali Derabassi Kharar.
