Heading of the Section: Husband or relative of husband of a woman subjecting her to cruelty
Overview: The section 498A came into effect in the year 1983, empowering the woman. Section 498-A IPC was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives
Aim of this Section: It was originally brought to protect married women from the acts of cruelty by the husband or his family members/relatives. In this male society, women are always been subject to cruelty. This provision would help women to stop this torture.
Punishment for under 498-A IPC: This section says that any person, being the husband or the relative of the husband of a woman if 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.
Amendments brought to these sections: Hon’ble Court in the country in order to prevent the misuse of this section has given various directions:
The police should not take any coercive action against the accused and should not make an arrest until the genuineness of the allegations is confirmed.
Arrest should not be made under this section by the police in a routine, casual or cavalier manner, as it is a cognizable and non-bailable offence.
There should not be impounding of passports or issuing a red corner notice to NRI offenders.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Punishment for subjecting a married woman to cruelty. | Imprisonment for 3 years and fine. | Cognizable if 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 | Non-Bailable | Magistrate of the first class |
| Offence | Punishment for subjecting a married woman to cruelty. |
|---|---|
| Punishment | Imprisonment for 3 years and fine. |
| Cognizance | Cognizable if 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 |
| Bail | Non-Bailable |
| Triable By | Magistrate of the first class |
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