Last Updated on April 12, 2019 by Legalseva.net
Latest Update on 498A by Supreme Court is that a woman can file a harassment case against in-laws from anywhere.
A three-judge bench which was headed by Chief Justice Ranjan Gogoi has delivered a revolutionary judgment.According to which, a married woman can file dowry or other harassment cases against her in-laws and husband at any police station from any place instead of the jurisdiction place.
In a case, the Supreme Court held that if a woman goes to her matrimonial home due to dowry harassment then she can lodge a complaint at that place or where she resides including her parental home.
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This verdict has proved to be a relief to women who are fighting the dowry harassment cases. Till the date, the cases were registered and could only be heard at the courts within the jurisdiction of the matrimonial home.
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The matter was raised seven years before the Supreme court that if women can file a case against in-laws from any place. Then it was held that dowry harassment under Section 498A is not a crime and that can only be examined by the police at jurisdiction place.
Again in the year 2012, the court re-examined the matter and now it is stated that the case can be filed from anywhere. It was in the year 2014 when the term “jurisdiction” was needed to be defined.
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In January 2014, a bench came across an appeal by a woman who was questioning the judgment of Allahabad High Court which didn’t allow her to register a dowry harassment case against her in-laws from her parental place.
It was due to Section 177 of the Code of Criminal Procedure (CrPC) according to which, it was compulsory that a criminal case is filed and the trials should be conducted in the courts having jurisdiction over the place where a crime has occurred.
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Now the bench has said that a woman, who is forced to leave her in-laws’ home due to cruelty is allowed to start the criminal proceedings under the Section 498A of the Indian Penal Code at any place.
Section 498A of the Indian Penal Code (IPC) mentions about the punishment for the violence done on women after her marriage by her husband or her in-laws or any relative of the husband.
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This section prescribes the punishment for 3 years and fine. It gave a new definition of cruelty. Cruelty can be defined as –
If the act is done is of such a nature that the woman is induced to commit suicide or cause any kind of injury to herself, which can prove to be fatal. This was added in the case of Shobha Rani v. Medhukar Reddy. It was held in the case that evidence is required to prove cruelty. Or if the act done is to harass the women or her relative to meet unlawful demands.
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Why is there a need for Section 498A of IPC?
Women have always been harassed by male society for unnecessary demands. Such laws help women to fight with it. It is due to the fact that 9 out of 10 cases are related to dowry. Many women are continuously threatened, tortured, or abused for meeting unlawful demands. In many cases, women are also subject to mental cruelty.
There is a need for Section 498A as even if there is a misuse of the law, the actual cases cannot be overlooked on this basis. In fact, many measures can be taken to deal with the loopholes.
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You may consult best/top/expert Matrimonial/Divorce/Family/498A Lawyers/Advocates/Attorneys of Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar for free legal advice or necessary legal assistance on these matters as a sound professional advice goes a long way in getting justice from the courts.
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For more info on subject, please dial 99888-17966. This post is written by Damini Aggarwal of Punjab University.
