In our country, there are a number of dowry deaths daily. You will be shocked by seeing the data. Many women are harassed by their husbands or husbands’ relatives. In this article, you will get to know what laws are there to protect you from cruelty.
This article is for those women who are being tortured by their husbands or relatives of husbands, for the demand of dowry, cruelty, and physical violence and that woman is helpless to do anything.
Section 498A IPC is a very important section in this context. There is one more factor that this law is being misused by many people. As per current data and the daily news, 70% of the cases are false allegations. But this can’t be neglected, that 30% of such cases are true and such women really need such laws
498A is a section of the IPC and when the husband or husband’s relatives do mental or physical cruelty to the wife, she can file a case.
When Section 498A can be invoked?
The very first thing you should know is when to invoke or use Section 498A.
Whenever a woman is troubled by her husband or relatives, whether physical, mental or emotionally or financially then she can file a case under this section. With this, if inlaws demand dowry, then also case can be filed.
Procedure to file a 498A case
The best thing is to make an application in women’s cell, clearly describing in the application every detail about the incident with the exact date and time.
Or you can consult an advocate before making such an application.
You can also register such complaints at Police Station but the Women’s cell is a better option because the police station also directs you to make a complaint in the women’s cell. Because such cases are family matters, it’s better if they can be settled outside the Court.
The counsellors in the women’s cell will go through/examine your application and create a file with the date and name of the accused.
The accused will be summoned. Statements will be taken from both parties and the counsellor will try to settle the dispute through mediation.
But if the matter is not settled and you want to file the case, then don’t compromise.
The counsellor will close the file and make a report about the failure of mediation and register an FIR against the accused.
After this, the police will register FIR and your husband and relatives will be sued. Even they can be arrested as well. And if you win the case, the accused will be punished.
This law is a right of such women who suffered cruelty, use it wisely. Don’t misuse it.
Step 1: Acts committed upon wife fall under the preview of 498A
Step 2: Choose a Police Station
Step 3: Make an oral complaint which Police will record in writing and obtain the wife’s signature or acknowledge a written complaint with that Police Station.
Step 4: Once the FIR is lodged, the Police is duty bound to provide you with a copy of the said FIR free of cost.
Step 5: After FIR, the Police will give notice to the accused(husband or relatives of husband) to record their statement, and/ or even arrest them.
What if Police do not register FIR under 498A?
If Police don’t register FIR under section 498A, the wife has the option to directly approach the Court and make the Complaint. And on the basis of the complaint, the Court can order police under section 156(3) CrPC to register FIR.
How long does the 498A case last?
After FIR, Police start the investigation. In the investigation, police collect evidence, record statements, documentary evidence, etc. For such an investigation, CrPC has given 60 days of time to the police to investigate as the punishment under section 498A is less than 3 years.
After the challan is filed in the Court, all proceedings are done in the Court. After this, the Court frame charges against the accused.
If there are arguments by the accused on the charges, it normally takes 2-3 months. This way, till now 5 months will be passed.
Thereafter comes the stage of evidence. It is the most time-consuming stage of the case. The least time it takes is 6 months to 1 year. Following this, the prosecution closes its evidence and the turn of defence evidence comes. It’s a process of approximately 2-3 months.
After the evidence, the Statement of the accused is recorded under Section 313 of the CrPC, where the accused gives statements in his defence. It takes 1-2 months.
Then comes the stage of final arguments. After this, Court gives its Final Judgement.
It approximately takes two years but this time can be beyond two years also.
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