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What is Section 498a of the IPC?
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What is Section 498a of Indian Penal Code?
Learn the legal definition and punishment of cruelty to woman by husband or relative under section 498A of the Indian Penal Code, 1860. Find out the meaning of cruelty, harassment, unlawful demand and related terms in this section.
- 498A IPC Definition
- 498A IPC Jurisdiction
- 498A IPC Punishment
- Cruelty
- Classification of Offense
- Cognizance by Court
- Cruelty and Harassment
- Section 498A and Dowry Demand
- Section 498A and Protection of Women from Domestic Violence Act,2005
- 498A IPC Divorce
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In the early 1980s, it was seen that women were suppressed, exploited and subjected to cruelty. As there were no laws subjected to cruelty towards women, it gave wings to the society. Every disease requires medication for recovery, and finally, the medication for cruelty towards the recessive sex in the society was found as “ Feminist Movement”. It...
The Supreme Court on 9th April 2019 delivered the judgment that a woman can file a case against her husband or in-laws subjected to dowry harassment under Section 498A of IPC at any place she is sh...But the trail is to be taken place under the jurisdiction of the court where the crime has taken place.shall be punished with imprisonment for a term which may extend to three years orshall also be liable to fine.Or the person can be convicted of both imprisonment as well as fineThe term cruelty has not yet been defined in the statute, knowingly. It has been done to give freedom to the judges to decide the case according to the situation and changing social and moral values.“Cruelty” can be both physical as well as mental cruelty.Factors that amount to cruelty is always a question of fact.“Cruelty” in this section does not have a justified meaning because it is subjected to provide security to women from the evil and to ensure she lives with dignity in her matrimonial place.Offense under section 498A is cognizable which means that the police have the power to arrest without warrant or any other law according to the circumstances.Its is non-bailable in nature which means that only the court has the power to grant bail.Under section 198A of CrPC, the court is bound not to take cognizance of an offence punishable under section 498A of IPC. Except in cases where the police report is filed by the aggrieved wife or by her father, mother ,brother, sister or with the leave of the court, by any person related to her by blood ,marriage or adoption.
-It is the essential ingredient to prove the offense under this section. The word “relative” has not been defined by taking reference of the judgments. It is seen that “relatives” means father, mother, sister, brother of the husband to be prosecuted under this section. -Here relative means people who are connected by blood, marriage or adoption. -I...
When a woman is subjected to harassment by her in-laws because of the fact that she was not able to fulfill the demand of money or property made by her in-laws or husband, then her husband or in-laws would be convicted under the Section 498A of IPC. This section deals with harassment subjected to demand of dowry. 1. Inder Raj Malik v Sunita malik -...
It is seen that the number of cases of women being subjected to harassment or cruelty by her husband or in-laws are increasing, due to which the trials are delayed. So in this situation where the c...The Domestic Violence Act, 2015, aims to protect women from domestic violence by providing remedy and Section 498A of IPCaims to protect the woman from the harassment and cruelty that she is subjec...And they even can seek interim relief under Section 23 of the Domestic Violence Act, 2015If the complaint under Section 498Aof IPC and Sections 3 & 4of the Dowry Prohibition Act,1961 is filed after a long period of time from the divorce date, then it can’t be considered.In the case of Mohammad Miyan v State of UP, it was seen that the wife had filed FIR against her husband and his relatives under Sections 498A, 323, 325, 504 and 506 of the Indian Penal Code and Se...And the proceeding was quashed.Learn about the definition, jurisdiction, punishment, exceptions and case laws of Section 498A of IPC, which deals with cruelty and harassment of women by their husbands or in-laws. Find out how to seek bail, compound or challenge the misuse of this provision.
Jul 1, 2024 · Learn about the legal provisions, punishment, bail, and defenses for Section 498A IPC, which deals with cruelty towards a woman by her husband or his family. Find out how to file or defend a 498A case with a criminal lawyer from LawRato's network.
- A. 498a IPC bailable or not : The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cogni...
- A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and...
- Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of broth...
Jan 14, 2019 · Section 498A of the Indian Penal Code deals with the violence done on women after her marriage by her husband or her in-laws or any relative of the husband. It claims to provide protection to women against dowry-related harassment and cruelty, but it also faces criticism for being misused and abused by women.
- Simran Sabharwal
Section 498A of IPC deals with cruelty by husband or his relatives to a woman. It defines cruelty as any wilful conduct or harassment that endangers the life, limb or health of the woman or coerces her to meet any unlawful demand.
Learn about the legal definition, punishment and cognizance of IPC Section 498A, which deals with the offence of subjecting a married woman to cruelty by her husband or his relative. Find out the classification, composition and bail provisions of this section.
Dec 13, 2022 · In order to “deal effectively not only with cases of dowry deaths but also with cases of cruelty to married women by their in-laws,” the Indian Penal Code (IPC) added Chapter XXA, which contains the solitary Section 498A.
