charging someone outside family u/s 498A of IPC

908 votes

Yes if she or he is engage in this matter or the relative of that member or having any connection there victims can make complain again him or her.and on the basis of it police can start case unber 498a

Advocate Jayeeta Majumder LawRato

771 votes

Section 498 A of Indian Penal Code provides for Punishment of Imprisonment extending to 3 years and Fine for inflicting cruelty upon a woman by her husband and his relatives . In this context the word 'RELATIVE' has not been defined in the Indian Penal Code and so for that purpose the word 'Relative' has to be construed in the sense that is most commonly understood. A RELATIVE in generic terms would mean any person related to the husband of the woman by way of Blood, Marriage or Adoption . Besides these construction of any association to make it to become relative shall be vague. For any other person inflicting such torture a separate simultaneous complaint may be lodged under various other sections of the Indian Penal Code available to redress such torture. Hope it helps

Advocate Anubrata Dutta LawRato

718 votes

Section 498A provides, "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 punishable with imprisonment for a term which may extend to three years and shall also be liable to fine." Hence a bare glance makes it evident that the basic essentials to attract this section are: a) The woman must be married b) She must be subjected to cruelty or harassment; and c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband. In fact in practical field we have come across that many allegations under Section 498A has been lodged either before the police or before the Magistrate where the other person out of husband's relatives have been entangled in the case, though it becomes easier for those who are outside of the family to get bail or anticipatory b ail quite easily. All the best. Regards

Advocate Ujjal Kumar Ray LawRato