FAQs – 498A, IPC


FAQs – 498A, IPC

S.498A, IPC is protectionist provision for women from cruelty (Physical or mental) whether by husband or his relatives. It also talks about against whom act can come into force also defines punishment for such acts.
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.
S.498A provides grounds to file cases for cruelty, it provides women to file suit against offender – Husband or Husband relatives for such offences. It also says any relative of women related to her by blood marriage and adoption can file case on behalf of women.
Yes, any relative of Husband could be made liable under S.498A.
S.498A provides punishment of 3 years and fine.
Yes, An offence under Section 498-A can be filed only within 3 years of the alleged incident.
Yes, A woman can also file case for under other Laws also along with S.498A.
To curb the menace of rising false cases by women against husbands and their relatives supreme court in Rajesh Kumar & Ors v. Sate of U.P. stated that “Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by DLSA appointed committee. The committee may give its brief report about the factual aspects and its opinion on the matter. Till report of the committee is received, no arrest should normally be affected.”
Time taken by the court to dispose of the case and grant relief depends upon the facts and circumstances of the case.