I am Supriya Gill, a lawyer and in this article, we will explore the issue of whether section 498A can still be invoked by a woman after 7 years of marriage. This article aims to provide a comprehensive understanding of the issue and offer some insights into the complexities and controversies surrounding the use of section 498A.
Yes, 498A can be filed even after 7 years of marriage. Filing a case under 498A is regardless of the length of the marriage. But it does not mean the wife can file it anytime. The case is to be filed within 3 years of the last alleged incident of cruelty. After the expiration of three years, a complaint under Section 498A of the IPC may not be filed.
However, the time limit for filing a complaint under Section 498A of the IPC is three years from the date of the commission of the offence.
This means that a complaint under this provision must be filed within three years of the date on which the cruelty or harassment took place. After the expiration of three years, a complaint under Section 498A of the IPC may not be filed.
Section 498A is applicable regardless of the length of the marriage
Section 498A of the Indian Penal Code is applicable regardless of the length of the marriage. The provision is designed to protect married women from acts of cruelty, harassment, and violence committed by their husbands or their relatives, and it can be invoked regardless of how long the woman has been married.
Section 498A of the Indian Penal Code is designed to protect married women from acts of cruelty, harassment, and violence committed by their husbands or their relatives.
This provision is applicable regardless of the length of the marriage. Whether a woman has been married for one year or ten years, she can invoke this provision if she is facing cruelty or harassment from her husband or his relatives.
Time Limit for Filing a Complaint under Section 498A of the IPC
Since the maximum punishment that can be awarded under Section 498A is three years that means as per Section 468 CrPC the maximum limitation or the maximum time during which a Court can take cognizance becomes three years.
A Court cannot take cognizance after 3 years of the commission of the offence and nowhere else it is provided in the CrPC, Limitation Act or IPC that a 498A case cannot be registered after 7 years of marriage.
The only limitation is 3 years as per Section 468 of CrPC. Three years limitation is calculated from the last incident of commission of an offence.
498A is a Continuing offence and the Court can condone the delay in filing a complaint under 473 CrPC.
The time limit for filing a complaint under Section 498A of the Indian Penal Code is three years from the date of the commission of the offence. This means that a complaint under this provision must be filed within three years of the date on which the cruelty or harassment took place.
Conclusion
Section 498A of the IPC can be invoked regardless of the length of the marriage. The provision is designed to protect married women from acts of cruelty, harassment, and violence committed by their husbands or their relatives, and it can be invoked regardless of how long the woman has been married.
However, it is also important to keep in mind that the time limit for filing a complaint under Section 498A of the IPC is three years. After the expiration of three years, a complaint under this provision may not be filed.
Like This Post? Checkout More
