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charging someone outside family u/s 498A of IPC
02-Aug-2023 (In Criminal Law)
Is it possible to charge someone outside the family member (not relative) u/s 498A?
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
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Adv. Jayeeta Majumder
Kolkata | 25+ Answers
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What is the process of settlement of 498A?
No procedure exists for settling 498A outside of court. For this, you must file a writ with the High Court. Section 482 Code of Criminal Procedure 1973 does not apply as that section gives no power to courts. However, under writ authority, High Courts can record compromise. Khula is settled with a one-time alimony.
How do police investigate 498A?
In 498A (Husband, relative or friend of a husband subjecting a woman to cruelty: proposed section 84 of the Bharariya Nyaya Sanhita 2023), most of the evidence is verbal. The main evidence is the testimony of witnesses and cross examination, although there may be other medical/other evidence.
Can police give bail in 498A?
Section 498A, which is a cognizable offense and does not require bail, has earned it a place in the shadows as a provision that disgruntled women use to their advantage. This provision makes it easy to harass the husband or his family members. 31-Jul-2023
How to finish 498A case?
You can apply for an anticipatory bail to protect yourself against a section 498a IPC charge under Section 438 CrPC[1]. Quashing the 498a FIR: The false 498A case can be quashed in High Court by Section 482 of CrPC.
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.
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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.
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Adv. Anubrata Dutta
Kolkata | 25+ Answers
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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
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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