The purpose behind Section 498A of the Indian Penal Code is to save women from cruelty(physical or Mental) by husband or the relatives of her husband.
In such a scenario, the accused will be guilty under section 498A under which the accused will be punished with imprisonment which may extend to 3 years and a fine.
If you want someone to be punished under 498A IPC, the very first thing you need to do is to immediately file a complaint at the nearest Police station and while making a complaint, allegations should be specific and clear.
After this collect evidence and witnesses to support your complaint. Evidence may include voice recordings while you talked bout the incident to another person, video recording of the incident, a medical report(preferably from a government hospital), if physical injuries are inflicted, proof of giving or demanding dowry, affidavits of any previous settlement of disputes in Panchayats, etc.
All such evidence is acceptable in the Court of law. In Court, make a stand on your evidence. Court do justice on the basis of evidence and witnesses.
In this article, you will get to know if you want someone to be punished under 498A IPC, in that case, what evidence and witnesses can support your complaint. What steps you should take while filing a complaint under 498A?
What is Cruelty?
Section 498A of the IPC criminalises dowry death, and cruelty(mental or physical) by the husband or his relatives. And cruelty to such an extent it derives a woman to suicide.
There is no fixed definition of cruelty, it depends on your living style, status, etc. It’s extremely difficult to specify every act of cruelty. What is cruelty for one may not be cruelty for another, it’s psychological in nature. What amounts to cruelty is a question of fact.
Firstly, you should know about various types of cruelty. Majorly physical and mental cruelty. Physical cruelty means any type of physical injury. Mental cruelty means mental victimisation.
Cruelty depends on a number of factors, like:
- Sensitivity of the victim
- Social background
- Mental makeup
- Social makeup
Cruelty is always personal in nature. Normal parameters include physical and mental. Physical assaults, insults, and malicious litigations are some normal reasonable parameters of cruelty.
Cruelty, as far as IPC is concerned, is a general specific offence. In the words of the Honourable Supreme Court: Cruelty always takes palace within the four walls of the house. Indian women try to hide these things from neighbours and others.
What things to keep in mind while making FIR or Complaint?
- Whenever any cruelty is done by the husband, or relatives of the husband, immediately make a complaint to the police. You can file a complaint at any police station near your in-laws or at your home or where cruelty is done.
- The very first thing to do is to immediately file a complaint at the nearest police station and it is the duty of the concerned police officer to take cognizance and file your complaint. And if there is any type of delay, it can affect your case. You need to give reasons for the delay otherwise it can be a weak point for you in the court.
- After this, evidence and witnesses. Firstly, Inform others about cruelty. parents, neighbours, and relatives. Try to record while informing them by voice or video in order to maintain a record of sharing information. You can also record the incidents. If allegations like FIR are false, this way such allegations are neglected as you have recordings and the informant is the witness.
- In case of physical cruelty, have a medical test at the nearest medical facility, if possible at a government hospital so that evidence can be on record. Medical will help you in this case.
- This way, you will have recordings, witnesses and evidence. While making a complaint, give witnesses’ names to the police.
- Submit copies, not original documents.
- In court make a stand on your evidence, then only you will get relief. And if not, you give contradictory statements in cross-examination, you will not get any relief.
- While drafting compliance, allegations should be specific. Most applications are dismissed because allegations are vague, and no date or time is mentioned.
- If physical violence has been done to you, you have to clearly tell about every little detail. A particular person has done a particularly violent act on you. Then only your complaint will be successful.
Court do justice on the basis of evidence and witnesses. Make sure to gather relevant evidence to support your complaint.
Evidence required to prove 498A
Every piece of evidence which gives proof of physical or mental cruelty can be produced in the Court. Some of the evidence which can be given are as follows:
- Call recording
Call recording can be a major piece of evidence. The conversation records while you inform others about the incident. Or call recordings with the husband or his relatives if that leads to such a situation.
- Video recordings
Video recordings of the incident are very helpful to prove such incidents in Court. Try to record every incident when any mental or physical cruelty is done.
- Affidavits of previous settlements
If there is earlier any non-judicial settlement of such disputes, and both parties have signed the affidavits. Such documents can be produced in Court.
- Testimonials
The neighbours, maids, milkmen, etc. who have witnessed the incidents of cruelty can give their testimonies in a court of law.
- Record of complaints
If you have made any complaint on helpline numbers like 100 or any other authorities, such a record can be produced in Court.
- Medical test reports
If physical injuries have been inflicted upon you. Make sure to have a medical test, preferably in a government hospital. Such medical reports are strong evidence.
- Recording of dowry demand
If the dowry is demanded, video or call recordings of such conversations where such demand is being made.
Procedure Of 498A
- FIR by the woman or her relative under section 198A CrPC.
- A complaint in the police station or women’s cell. Once the complaint is received, normally no FIR is registered
- Police summon the accused party to the police station.
- A preliminary inquiry is done to ascertain the truth.
- Before FIR, Counselling is done to ensure any possible settlement.
- And if the matter is settled, the complaint can be withdrawn.
- If not, FIR is registered based on the complaint.
- The formal investigation starts.
- The other party has the right of anticipatory bail from the Session Courts or High Court. Before arrest.
- Police collect evidence.
- After the investigation police file challan in court. Can also give a closure report, if there is no sufficient evidence.
- Free-of-cost challan copy is provided to the accused.
- Again, the accused has to apply for regular bail at the time of filing of challan.
- Prosecution evidence
- Statement of accused under section 313 of CrPC
- Final arguments, first prosecution then defence
- Judgment
Prosecution evidence
Presented by the prosecutor subject to challenge by the defence.
The onus lies on the prosecution to prove the case beyond all reasonable doubt.
The most common form of evidence is oral evidence on oath or affirmations.
Examination in chief
Those witnesses which are by police or state
Witness tells the court his or her version of facts.
No leading questions should be put to the witness
No gaps should be allowed by the prosecutor
No suggestions or indications allowed
Evidence is subject to challenge by defence by way of cross-examination.
Re-examination
After cross-examination, the prosecution has the right to re-examine the witness
Confine only to the matters raised in cross-examination
Fresh matters are not allowed to be raised.
Leading questions, again, are not permissible
The adverse party has the right to cross-examine if new matters are re-introduced.
FAQs | Frequently Asked Questions
Is there any punishment for Cruelty by the wife on the husband?
Cruelty can be meted out only on the wife by the husband or relatives. No punishment for cruelty by wife on husband. Cruelty by a wife can be ground for divorce but not for criminal action.
Is there any limitation on the filing of 498A IPC?
As per section 468 of CrPC, the limitation on the filing of 498A is 3 years from the last alleged incident. But Court has special powers under section 473 CrPC, where the court can extend the limitation periods in some instances.
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