Proceedings under section 498a40634 ipc are not to be converted into recovery proceedings. Difference between section 304b and 498a of the ipc are as follows. The sc order on sec 498a addresses the demands of mens. Section 498a of ipc ias abhiyan ii ias upsc exam preparation. Petition praying for amendments in section 498a of ipc pdf. Once a complaint fir is lodged with the police under s. Hi fellow law llb students, on this thread, i am sharing brief and concise notes on the law first year subject ipc indian penal code. Husband or relative of husband of a woman subjecting her to cruelity. Some incidents from the past and present prove that section 124a is being misused to stifle dissent and criticism. Police after investigation filed charge sheet under section. The ncrb 2012 report demonstrates the extent to which the section is. Ipc section 498a husband or relative of husband of a.
In 1983, section 498a of the ipc was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. But the trail is to be taken place under the jurisdiction of the court where the crime has taken place. Material are used mainly primary resources referred like books, journals, articles and e sources. Section 498a of indian penal code ipc states that husband or relative of husband of a woman subjecting her to cruelty. Ngos welcome amendments in section 498a of ipc posted on 21122010 by sunita 5 comments the committee on petitions of the rajya sabha, under the chairmanship of shri bhagat singh koshyari, member, rajya sabha, is considering a petition praying for amendments in section 498a of indian penal code, 1860. Indian penal code, ipc 1860 bare act pdf downloadble indian penal code ipc, hindi. It is thus clear from the reading of section 498a ipc and aforenoted judicial pronouncements that precondition for attracting the provisions of explanation b to section 498a ipc is the demand and if the demand is missing and the cruelty is for the sake of giving torture to the women without any nexus with the demand then such a. Section 498a of indian penal code section 498a, introduced in 1983 is popularly referred to as the dowery law that seeks to safeguard married ladies from harassment by the spouse or his relatives. It was added to the indian penal code in the year 1983.
It was enacted with the aim of providing protection to married women against cruelty by their husband or inlaws, which often may lead to cases of dowry deaths. A critical study on misuse of section 498a of indian penal. The right to equality clearly means that every resident of india regardless of caste, creed, sex or. Analysis of supreme court cases on section 498a ipc by divyansh hanu rathi introduction institution of marriage is an oldest social institution and provides a foundation on which whole superstructure of the civilization and prosperity is built. However, it is the desire of a court to try and ensure that matrimonial disputes are resolved. Conviction rate of sec 498a cases is among the lowest of all. The report further shows that approximately a quarter of those arrested were women that is 47,951 of the total were perhaps mother or sisters of the husband. T os t a r twi t hf i r s tweh a v et ol o o kt h a twh a tt h i swo r dma r r i a g eme a n s. These pdf lecture notes will help you in preparing well for your semester exams on ipc indian penal code and assist you in studying from ready made lecture notes.
Indian penal code, ipc 1860 bare act pdf downloadble. Explore section 498a of ipc profile at times of india for photos, videos and latest news of section 498a of ipc. Do articles 498a and 375 of ipc violate article 14 of the. Effect caused partly by act and partly by omission 37. Ipc 498a refers to cruelty committed on daughterinlaw wife by parentsinlaw husband, and to any cruelty committed by any relative of her husband on the natal side of his family. Report misuse of section 498a ipc please fill this form, we will try to respond as soon as possible. The right to be treated as equal under law is severely violated by sections 497, 498a and 375 and 376. The object for which section 498a ipc was introduced is amply reflected in the statement of objects and reasons while enacting criminal law second amendment act no.
Power point on section 498 a ipc linkedin slideshare. Understanding issues of jurisdiction in a 498a case. It makes it a crime to be cruel to your wife or to your relatives wife. Approved by indian parliament in year 1983, indian penal code 498a is a criminal law not a civil law which. Difference between section 304b and 498a of the ipc. When such an act is criminal by reason of its being done with a criminal knowledge or intention 36. To study the impact of section 498a indian penal code, 1860 as a social reform measure. Ipc indian penal code llb pdf notes, ebook for law. Period of operation of section 1b of the evidence act is seven years, presumption arises when a woman committed suicide within a period of seven years from the date of marriage. The supreme court today modified its judgment which had laid down safeguards for the prevention of misuse of section 498a of the indian penal code. Sc grants divorce due to acquittal of husband in ipc 498a. In the state of jammu and kashmir, the ipc is known as ranbir penal code rpc. Result of the study modern women are stated to misuse the section 498a of the indian penal code, 1860. Section 498a of indian penal code, 1860 is misused against husband and his relatives.
The judge in his order lamented that it is most unfortunate that section 498a of ipc has become a weapon in breaking the families rather than uniting them. The committee notes that the offence under section 498a ipc is essentially a fallout of strained matrimonial relationship for which there might be various. Acts done by several persons in furtherance of common intention 35. Section 498a ipc and section 1b of the evidence act include in their amplitude past events of cruelty. Section 498a ipc, comprising of an independent chapter was inserted by the criminal law second amendment act, 1983 46 of 1983 with effect from 25th december, 1983. Discharge petition format 2 for 498a indias abused. The supreme court of india again in a scathing judgment delivered on aug. Misuse of section 498a ipc and dowry prohibition act vis. After six counselling sessions and investigation by investigation officer, fir has been filed only against her husband that too only under one section 498a although sufficient evidences were presented to sho to prove all 420,406 and 498a. This particular section under indian penal code ipc says that if husband of a woman or husbands relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as its a non bailable offence. The legislation indian penal code section 498a, ipc introduced in the penal code by criminal law second amendment act of 1983 act no. It is a cognizable, nonbailable, and noncompoundable offence. The committee of petitions rajya sabha in the report presented on 7. Aug 23, 2016 sedition section 124a of the ipc gs2 significant provisions fundamental rights.
Ipc 498a arrests, conviction rate, statistics show gross. 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. By aditya tripathi introduction section 498a of the indian penal code, 1860 ipc was inserted by way of an amendment in 1983. The most commonly used of these laws and acts are some sections of the indian penal code, including but not limited to ipc 498a, ipc 406, ipc 34. Prosecution us 498a ipc and dowry prohibition act not. The indian penal code ipc dowry law misuse ipc 498a by indian women. In a first of its kind decision the supreme court has granted divorce to husband on grounds of cruelty by wife due to acquittal in ipc 498a case when the same had been rejected both by trial court and high court. The exact definition of ipc sec 498a would read as. Explanation to section 498a deals with what constitutes cruelty. Dec 15, 2016 power point on section 498a of indian penal code.
This was the first time that an attempt was made to consider domestic violence against women a criminal offence. My sister filed a complaint against her husband and in laws under section 498a,406 and 420. It is argued that criminalizing defamation has a harsh effect on the right to freedom of speech and expression provided under article 19. This section will solely be invoked by wifedaughterinlaw or her relative. Offenders are liable for imprisonment as well as a fine under the section and the offence is non bailable, noncompoundable and cognizable on a complaint made to the police officer by the victim or by. But today 498a is commonly known as the law which is misused. Supreme court judgment on misuse of section 498a of ipc. Ipc 1860 in hindi bhartiya dand sanhita, 1860 book.
Feb 22, 2018 the exact definition of ipc sec 498a would read as. There are many demands to make defamation only as a civil wrong. Explanation for the purpose of this section dowry death shall have the same meaning as in section 304b of the indian penal code 45 of 1860. Defamation in india ipc section 499 and 500 vs freedom. Section 498a of the indian penal code ipc, which defines the offence of matrimonial cruelty, was inserted into the ipc by an amendment in 1983. Section 124a of the indian penal code covers sedition.
The supreme court on 9th april 2019 delivered the judgment that a woman can file a case against her husband or inlaws subjected to dowry harassment under section 498a of ipc at any place she is sheltered. Husband or relative of husband of a woman subjecting her to cruelty. Sekhar basu, learned counsel for the petitioner has referred to the provision of section 498a of the indian penal code in support of his submission and has submitted that the ingredients of section 498a like making cruel treatment or subjecting the wife to cruelty are not there either in the complaint of the complainant or in the statement of. The centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the supreme court and various high courts had observed the growing misuse of section 498a harassment caused to a married woman by her husband and inlaws of the ipc. The conviction rate of cases under 498a was less than rd of the conviction rate for all other ipc crimes. The fir shall be allowed to raise not only against in laws of husband and relatives but shall include 5 neighbors on left side and 5 neighbors on right side, member of parliament of that area, the school teachers and college professors of husbands college, and many more. Once a complaint is lodged under sections 498a 406 ipc whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of police and agencies like. Till the year 20, crimes were grouped into 23 categories. Use of ipc 498a cases as leverage filing of ipc 498a cases by. The most vital amendment came as the presentation of section 498a in the indian penal code ipc. Questions have been raised on whether defamation should be treated as a civil wrong or criminal offence or both.
Section 124a is considered as a reasonable restriction on right to free speech. The rajesh sharma judgment with new guidelines to be followed in ipc 498a cases was pronounced in 2017 by a two judge bench, and it was much celebrated by some people and hailed as a pathbreaking judgment, as if following of those guidelines would automatically take away all fear of arrest, roping in of all family members, or the possibility of facing criminal trial in indian system for 510. Criminal defamation is in news recently for multiple reasons. We had difference with each other and i unable to stay with her in my parents home so i left home and stayed alone. It is thought that sec 498a and sec 304b were acquainted with and will supplement each other since sec 304b tends to the specific offense of dowry death and sec 498a looked to address the widescale domestic violence and cruelty against women for. But, the terms has not been defined in section 304b.
Complaint us 498a, 420 and 406 against husband and in laws. Pdf misuse of ipc section 498a harish a c academia. Sir, i have been married in 2012from the day of marriage my wife started fighting with me to get separated from my parentsits been five years nowhave a daughterbut she didnt changeshe keeps on arguing and abusing me and ma parents and used to leave. I am staying away from my wife since feb 2016 and she was pegnent at that time 3 months. Section 498a of the indian penal code, is a criminal offence. To examine the present day scenario in relation to the implementation of section 498a indian penal code, 1860 and how come it had incurred the title of legal terrorism. Doc a doctrinal research on section 498a ipc, 1860 a. Section 498a ipc writinglaw bare act, bare act pdf. Unfortunately, the formulation of this law left a host of loopholes for exploitation and abuse. Sc judgments on ipc 498a page 1 supreme court judgments. People dont know what section 498a of the ipc is nor do they know what to do when a 498a case is registered against them. Amendments in ipc to check false claims of dowry harassment.
Ma r r i a g ei st h ev o l u n t a r yu n i o nf o rl i f eo fo n ema na n do n ewo ma nt o t h e e x c l u s i o n o fa l lo t h e r s. How to save yourself and your family from getting into 498a mess. I hope to shed some light on what this law is really about, the effects it will have on you and your family and how to survive this ordeal. The cji led three judge bench was considering a reference to it on the issue whether a case of cruelty on account of dowry harassment punishable under section 498a of the ipc can be registered. Attempts were made in the present case in this direction, but unfortunately have failed. The supreme court has held that prosecution under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961, is not sustainable when the complaint is filed long. The ncrbs crime in india report categorizes crimes various heads of the ipc.
Section 304b deals with dowry death being subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. Misuse of section 498a ipcjudicial trend law karan godara keywords 498a, ipc, dowry, cruelty, harassment,misuse abstract sometimes, the very provisions of law which are meant to be ameliorative become a source of harassment. Supreme court modifies its judgment on safeguards against misuse of section 498a ipc, scraps no arrest rule. Section 498a is a cognizable offence under the indian penal code, 1860 and was brought into the ipc in the year 1983 to curb the menace of cruelty to married women for want of dowry, which often led to their deaths. To study the object behind the introduction of section 498a indian penal code, 1860.
Understanding issues of jurisdiction in a 498a case in quite a few 498a cases, the 498a wives allege that they were subjected to mental cruelty or harassment in the matrimonial home in the fir, but they end up filing the case in their native places or some other place where they may have the support of local police authorities. Conviction rate of sec 498a cases is among the lowest of all ipc crimes. Description download misuse of section 498a ipc comments. It is no hidden secret that ipc 498a is a weapons of human rights abuse of husband and his familyrelatives, and judiciary including supreme court has given instances of its gross misuse and directives to government and law ministry for prevention of ipc 498a misuse and amendments. A doctrinal research on section 498a ipc, 1860 a critical analysis. 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 als. In a landmark move, the supreme court of india has issued a set of directives related to the application of section 498a of the indian penal code ipc, with. May 04, 2020 section 498a latest breaking news, pictures, videos, and special reports from the economic times. Ipc 498a harassment or cruelty to a woman the indians. Traditionally, in any society, the woman is subservient and is subjugated to the whims and caprices of the. The offence under section 498a ipc is cognizable a case in which a police officer may arrest the accused without an arrest warrant if the. Ipc 498a harassment or cruelty to a woman indian law against harassment or cruelty to a woman, and dowry abuse section 498a i. Anticipatory bail format 438 crpc dowry case us 498a ipc.
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