Criminal Law Videos - How to safeguard against Section 498A

Section 498A of the IPC states that “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. The offense is Cognizable, non-compoundable and non-bailable.  “ Most cases where Sec 498A is invoked are false cases filed by the wife (as repeatedly admitted by the SC and the HC's) in an attempt to defame and extract money from the husband in the face of a strained marriage. But there is no need for panic. 

An FIR wont be rejected straightaway and will be reported to CAW cell where you will be given a notice for appearing. Only if a settlement is not reached can the FIR be filed. In this case one would have to apply for anticipatory bail. But even after that the police has to have the permission of the ACP and the DCP before arresting any of the members of the husband's family.