Section 498-A IPC – Boon or Bane

Section 498-A IPC – Boon or Bane - Women are being worshipped in India in different goddesses avatars. But are they getting the same respect and dignity in their homes? Dowry deaths, suicides, physical, and mental harassment of the women after the marriage has become quite a prevalent issue. Fortunately, with the passage of time, different new laws and amendments are making it a little easier for women to use their rights thoroughly. And among all of them, Section 498A IPC is the strongest one. But equitable use of the law is necessary to decide whether Section 498-A IPC a boon or bane.

Until 2015, a total of 47,217 cases have completed their trial. But surprisingly maximum accusations are false. Although 42,217 cases were registered in the year 2015 alone, 39658 were acquittals. Out of 39658 acquittals, 10,318 cases were withdrawn due to the latest Section 498-A IPC amendment made in these laws after noticing the decreasing conviction rate. So this is really becoming a matter of concern whether section 498-A is a tool for women protection or a weapon of destruction for innocent men.

What is Section 498-A of the Indian Panel Code (IPC)?

Why section 498-A IPC came into action? Is IPC 498-A bailable? At first, there was a single anti-dowry law introduced in the form of the Dowry Prohibition Act, 1961, then in the year, 1983 section 498-A was inserted.  This section was inserted to protect the women from cruelty after marriage by either husband or his relatives. Although the term cruelty is not defined under section 498-A, however, it can be construed that cruelty means;

• Physical harassment (injury, domestic violence, grave injury to limb or health, etc).
• Mental harassment (mental torture, regular taunts, threat, etc).
• Torturing the women to commit suicide.
• Demanding for any kind of property in the form of dowry from women.
• Beating and abusing the wife or daughter-in-law for valuable security which holds monetary value.

Section 498-A IPC explained well that it is a cognizable, non-compoundable and non-bailable offense, however with the growing trend, the Hon’ble Supreme Court of India has directed the police not to immediately arrest the accused, thus providing a relief to the innocent people from suffering the wrath of section 498-A.

So these are the things you need to know about section 498-A IPC for the right use. The accused husband if found guilty is sentenced to imprisonment for the term of which can extend up to 3 years and with a fine. Make sure to hire the best criminal lawyer for 498-A cases. And keep on checking the updates on recent laws on dowry and 498-A cases in India to be insightful with your rights and responsibilities.

Although the offense is of a criminal nature where there is no scope of mediation, however, section 498-A being an offense related to matrimony, the same can be referred to mediation for amicable settlement of the dispute. Mediation in case of cruelty under 498-A of IPC is one of the legal proceedings for the settlement of the disputes on the general grounds by the mediation centers under court orders and guidance.

 Punishment for Misuse of 498-A IPC

Over 80% of cases registered under Section 498-A IPC are a false one. There are females who are lodging the false 498-A accusations for the sake of money or compensation. Consequently to diminishing rate of the convictions, acquittals are increasing. And a major number of cases are withdrawn after being acknowledged to the punishment consequences of wrong use of 498-A IPC.

Luckily, it is all possible with the Section 498-A IPC amendment by keeping both the parties into consideration. The woman if found guilty for false accusations will be addressed to IPC 498-A punishment of imprisonment and fine.

Conclusion

So get that in your mind that each time a woman stands up for herself, she stands up for all women. So be a lady with the highest integrity and belief in yourself to manipulate your rights well. Raise your voice and don’t tolerate the atrocity of your in-laws. But if the judiciary system is there to help you to an extreme level with these laws, you also need to be a responsible citizen to utilize these legal tools sagely. Be fearless to discuss your domestic violence issues with the best criminal lawyer to help you get justice within time under Section 498-A judgments.