Indian Law against harassment or cruelty to a woman, and dowry abuse
“Section 498A I.P.C. 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.” ~ Justice DK Jain of Supreme Court of India
Many people from India, especially those living abroad, don’t know much about Section 498A of the IPC (Indian Penal Code), nor do they know what to do when a 498A case is registered against someone.
Section 498a of the IPC is a criminal law in which the wife and her family can charge any or all of the husband’s family of physical or mental cruelty. While there is a lot of debate about the use and misuse of this law, the scope of this article is to outline the law.
Here is the famous or infamous – depending on your experiences and views – IPC 498a wording:
Indian Penal Code – Section 498A, IPC
Introduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983
(Act No. 46 of 1983)
498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO CRUELTY:
Whoever, being the husband or the relative of the husband of a woman, 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.
Explanation: For the purposes of this section, “cruelty” means
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
The section 498A mainly deals with cruelty such as:
- A conduct that could drive a woman to suicide,
- A conduct that could cause grave injury to the life, limb or health of the woman,
- Harassment with the purpose of forcing the woman or her family to give some property,
- Harassment in case the woman or her relatives are either unable to meet the demand for money or property.
Section 498A of the Indian Penal Code, is a criminal offence. It is a cognizable, non-bailable, and non-compoundable offence. Read the rest of this entry »
