Usually filed by wife to extort money from husband. Statistics show that 99% of 498A case filed by wife against their husband are fake and they just file it to harass husband and their family members and to extort money. Several non profit organization have came up to support mentally the harassed husband. VAASTAV FFOUNDATION’S is one amongst such organization.
The exact definition of IPC Sec 498A would scan as:
“Whoever, being the husband or the relative of the husband of a lady, subjects such lady to cruelty shall be punished with imprisonment for a term which can touch 3 years and shall even be susceptible to fine.”
For the aim of the law, cruelty has conjointly been outlined. It reads as:
(a) Any wilful conduct that is of such a nature as is probably going to drive the lady to kill or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) Harassment of the lady wherever such harassment is with a read to coercing her or any individual associated with her to satisfy any unlawful demand for any property or valuable security or is on account of failure by her or any individual associated with her to satisfy such demand.
It essentially permits enforcement agencies to arrest the husband and his family summarily, with none investigation, once a grievance is lodged by the mate or any of her relative, claiming that the husband or his relatives treated her cruelly. Not like alternative laws, once the grievance is lodged the husband and his family square measure likely guilty and it’s up to them to prove that they’re innocent in an exceedingly court of law.
Since the concern of proving innocence rests on the person against whom the case is filed (unlike alternative laws wherever someone is taken into account innocent unless tried guilty), it’s usually misused by girls. As evident, there has been a speedy rise within the variety of cases that square measure being filed beneath this section of the IPC and eventually, a considerable variety of those cases are tried to be false. However, the law doesn’t provide any relatiative action against the girl though it’s tried later that the case she had filed was false and/or with malicious intent.
Based on the many complaints received, the Honorable Supreme Court, in an exceedingly landmark judgement dominated that no powerful action would be taken against the suspect, or arrests would be created, until the truthfulness of the allegations created by the victim square measure confirmed. These exceptions would apply to solely such cases wherever there’s no visible sign of injury suffered by the litigator.
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