Section 498 A of Indian Penal Code
In India the fundamental mistake committed by the complainants are that they do not understand that only filing a FIR will not help them to get justice. We need to understand that the evidences and proofs can only lead the way to justice. So,first understand S.498 A of Indian Penal Code,
So, whenever the husband or In laws have beaten the complainant, the complainant should visit the nearest government hospital for medical treatment and medical certificate.
Only government hospital certificates can be admitted as a proof in the court of law.
If the injury is mental harassment then also the above procedure, the complainant has to follow.
Detailed information about Section 498 A-
Section 498-A IPC was introduced with an objective to fight the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives.
Definition under 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. Which means that, Section 498-A was introduced in the year 1983 in order to protect married women from being imperilled to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. “Cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the arc of latter limb of the section. One of the ingredients of “cruelty”, means creating a situation driving the woman to commit suicide.
Explanation. — For the purposes of this section, “cruelty” means—
(1) 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
(2) 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.
Proof of the wilful conduct actuating the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical, is the sine qua non for entering a finding of cruelty against the accused person. Thus the ingredients should be proved beyond the benefit of doubt.
Section 498-A and Indian Evidence Act:-
Indian Evidence Act, 1872, Section 113-A: Presumption as to abetment of suicide by a married woman — When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Explanation. — For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860).
Section 498-A IPC is cognizable offence that is a case in which a police officer may arrest the accused without an arrest warrant and also a non-bailable offence. If the information relating to the commission of the offence is given to an officer-in-charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.
Section 498-A and “Dowry Demand”
Dowry demand is included in the “unlawful demand” as contemplated under Explanation (b) of Section 498-A; however, it need not be the only demand.
Person who can file a complaint:-
The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
Section 498-A - Limitation Period:-
As per Section 468 CrPC, a complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 CrPC enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
Explanation of Cruelty and Harassment
Every harassment does not amount to “cruelty” within the meaning of Section 498-A. For the purpose of Section 498-A, harassment simpliciter is not “cruelty” and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. that it amounts to “cruelty” punishable under Section 498-A IPC.
Cruelty can either be mental or physical. It is difficult to straitjacket the term cruelty by means of a definition because cruelty is a relative term. The concept of cruelty and its effect varies from individual to individual, also depending upon the social and economic status to which such person belongs.
Explanation related to Relative of husband:-
In order to be covered under Section 498-A IPC one has to be a “relative” of the husband by blood, marriage or adoption.
For illustration, A girlfriend or a concubine being not connected by blood or marriage is not a “relative” of the husband as per Section 498-A. Case Law- U. Suvetha v. State, (2009) 6 SCC 757.
Current updates, as per Supreme Court’s decision in the following case:-
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
In order to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorize detention casually and mechanically in cases under Section 498-A IPC, the Court gave certain directions (however, the directions apply also to other cases where offence is punishable with imprisonment of not more than seven years) which include:
(1) Police officers cannot automatically arrest the accused, when a case under 498-A IPC is registered. They should follow, Section 41 CrPC.
(2) Police officers shall fill the checklist (containing specified sub-clauses under Section 41(1)(b)(ii) CrPC) and furnish the reasons and material necessitating the arrest.
(3) The Magistrate will authorize detention only after recording its satisfaction on the report furnished by the police officers.
(4) If the police officers fail to comply with the directions, they will be liable for departmental action as well as punishment for contempt of Court.
(e) Failure of the Judicial Magistrate to comply with the directions will render him liable for departmental action by the appropriate High Court.
Procedure to follow to report a matter of Section 498 A:-
You can file a criminal case against your husband under the relevant provisions of the law, under Section 154(1) Cr.P.C.
If the police refuse to register FIR then, you may make a written representation to the SP (Superintendent of Police) if you reside in rural area and Commissioner of Police if you reside in city area, under Section 154(3) Cr.P.C. If the Police, refuses to lodge the complaint, then you can forward the complaint to the Superintendent of Police/ Commissioner of Police of the concerned District, who, if satisfied that the information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer, subordinate to him.
If the Superintendent of Police/ Commissioner of Police, also refuses to take action then file a Criminal Complaint before the Magistrate under Section 156(3) Cr.P.C. Any Magistrate empowered under section 190, may order such an investigation on the basis of a criminal complaint filed by the aggrieved wife.
If you have filed a complaint under section 498A IPC, but your in-laws have thrown you out of the house, then you can file an application under the ‘Protection of Women under Domestic Violence Act’ 2005 and Court will grant Order of Residence.
By virtue of Section 27 of the Protection of Women from Domestic Violence Act 2005, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Judicial Magistrate seeking reliefs under the Act, within the local limits of which;
a) the aggrieved person permanently or temporarily resides or carries on business or is employed; or
b) the respondent resides or carries on business or is employed; or
c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
So, whenever the husband or In laws have beaten the complainant, the complainant should visit the nearest government hospital for medical treatment and medical certificate.
Only government hospital certificates can be admitted as a proof in the court of law.
If the injury is mental harassment then also the above procedure, the complainant has to follow.
Detailed information about Section 498 A-
Section 498-A IPC was introduced with an objective to fight the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives.
Definition under 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. Which means that, Section 498-A was introduced in the year 1983 in order to protect married women from being imperilled to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. “Cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the arc of latter limb of the section. One of the ingredients of “cruelty”, means creating a situation driving the woman to commit suicide.
Explanation. — For the purposes of this section, “cruelty” means—
(1) 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
(2) 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.
Proof of the wilful conduct actuating the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical, is the sine qua non for entering a finding of cruelty against the accused person. Thus the ingredients should be proved beyond the benefit of doubt.
Section 498-A and Indian Evidence Act:-
Indian Evidence Act, 1872, Section 113-A: Presumption as to abetment of suicide by a married woman — When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Explanation. — For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860).
Section 498-A IPC is cognizable offence that is a case in which a police officer may arrest the accused without an arrest warrant and also a non-bailable offence. If the information relating to the commission of the offence is given to an officer-in-charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.
Section 498-A and “Dowry Demand”
Dowry demand is included in the “unlawful demand” as contemplated under Explanation (b) of Section 498-A; however, it need not be the only demand.
Person who can file a complaint:-
The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
Section 498-A - Limitation Period:-
As per Section 468 CrPC, a complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 CrPC enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
Explanation of Cruelty and Harassment
Every harassment does not amount to “cruelty” within the meaning of Section 498-A. For the purpose of Section 498-A, harassment simpliciter is not “cruelty” and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. that it amounts to “cruelty” punishable under Section 498-A IPC.
Cruelty can either be mental or physical. It is difficult to straitjacket the term cruelty by means of a definition because cruelty is a relative term. The concept of cruelty and its effect varies from individual to individual, also depending upon the social and economic status to which such person belongs.
Explanation related to Relative of husband:-
In order to be covered under Section 498-A IPC one has to be a “relative” of the husband by blood, marriage or adoption.
For illustration, A girlfriend or a concubine being not connected by blood or marriage is not a “relative” of the husband as per Section 498-A. Case Law- U. Suvetha v. State, (2009) 6 SCC 757.
Current updates, as per Supreme Court’s decision in the following case:-
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
In order to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorize detention casually and mechanically in cases under Section 498-A IPC, the Court gave certain directions (however, the directions apply also to other cases where offence is punishable with imprisonment of not more than seven years) which include:
(1) Police officers cannot automatically arrest the accused, when a case under 498-A IPC is registered. They should follow, Section 41 CrPC.
(2) Police officers shall fill the checklist (containing specified sub-clauses under Section 41(1)(b)(ii) CrPC) and furnish the reasons and material necessitating the arrest.
(3) The Magistrate will authorize detention only after recording its satisfaction on the report furnished by the police officers.
(4) If the police officers fail to comply with the directions, they will be liable for departmental action as well as punishment for contempt of Court.
(e) Failure of the Judicial Magistrate to comply with the directions will render him liable for departmental action by the appropriate High Court.
Procedure to follow to report a matter of Section 498 A:-
You can file a criminal case against your husband under the relevant provisions of the law, under Section 154(1) Cr.P.C.
If the police refuse to register FIR then, you may make a written representation to the SP (Superintendent of Police) if you reside in rural area and Commissioner of Police if you reside in city area, under Section 154(3) Cr.P.C. If the Police, refuses to lodge the complaint, then you can forward the complaint to the Superintendent of Police/ Commissioner of Police of the concerned District, who, if satisfied that the information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer, subordinate to him.
If the Superintendent of Police/ Commissioner of Police, also refuses to take action then file a Criminal Complaint before the Magistrate under Section 156(3) Cr.P.C. Any Magistrate empowered under section 190, may order such an investigation on the basis of a criminal complaint filed by the aggrieved wife.
If you have filed a complaint under section 498A IPC, but your in-laws have thrown you out of the house, then you can file an application under the ‘Protection of Women under Domestic Violence Act’ 2005 and Court will grant Order of Residence.
By virtue of Section 27 of the Protection of Women from Domestic Violence Act 2005, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Judicial Magistrate seeking reliefs under the Act, within the local limits of which;
a) the aggrieved person permanently or temporarily resides or carries on business or is employed; or
b) the respondent resides or carries on business or is employed; or
c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
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