Steps to prove cruelty against women

File a domestic violence complaint or defend yourself in a false DV case with legal help from LawRato's network of experienced lawyers.

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What does IPC 498A define as domestic violence?

An addition to the Indian Penal Code for cruelty to women is Section 498A IPC. Its goal is to uphold married women's rights, security, and dignity in India. This section pertains to an Indian woman who is married and experiencing violence at the hands of her abusive husband or husband's relative.

Here, harassment in any form that could be harmful to a victim's physical, mental, or sexual well-being is considered cruelty. At LawRato, we pledge to connect you with expert domestic violence lawyers in your area experienced in handling 498A matters.

You also have the right to fight back against a fake DA case because 498A IPC is cognizable (can be arrested without a warrant), non-bailable, and non-compoundable. You can defend yourself by hiring local, skilled criminal defence attorneys with LawRato's assistance.

Procedure to File a Complaint About Domestic Violence with LawRato

Remember that domestic violence is a severe violation for which the offender will be held accountable. We at LawRato are ready to connect you with an experienced domestic violence lawyer who can help you file a DV complaint and support you in court trials.

Filing DV Complaint

An experienced DV lawyer from LawRato selected by you will help you in filing a DV complaint under 498A IPC


Counselling by the CAW (Crime against Women) Cell is an important step as it will initiate counselling to address the issues between you and your husband and will try for an amicable resolution for the same. Efforts of CAW is to save your marriage before registering an F.I.R.

If the efforts made by the CAW Cell to resolve the differences between you and your husband hasn’t resulted in a mutual settlement, your lawyer will help you in proceeding with the matter.

Legal Investigation

The investigation by police takes place which includes a collection of witnesses of the DV case, victim’s medical reports, circumstantial evidence, etc. Your lawyer will speak on your behalf throughout this investigation.


If prima facie case is made out after an initial investigation, an F.I.R. is registered against the husband.


According to an important ruling in Arnesh Kumar vs State of Bihar (2014) landmark case, the Supreme Court of India ruled that no arrest of the accused shall be made randomly without initial investigation and satisfaction of guidelines made under CrPC 41.

Charge Sheet

The police shall submit the charge sheet in court that contains all the information and evidence gathered during the investigation.


Cross-examination of evidence is performed by the prosecutor from all the sources such as witness, victim, and offender.


If the court believes that the accused is guilty of the offence committed under 498A IPC, then the offender shall be punished with imprisonment for a term which may extend to three years and a fine. Read this to know more regarding Punishment Under Section 498A IPC.

Acquittal and Appeal

If the court orders that the accused is not guilty of the crime charged under section 498A IPC, you can move to the higher court and file an appeal with the help of your lawyer.

Procedure For Filing a Counter Case Against Misuse of 498A IPC with LawRato

If you have been charged under IPC Section 498A, you must immediately consult the expert anticipatory bail lawyers near your city and apply for anticipatory bail since 498A IPC is non-bailable and cognizable. This gives you enough time to approach and seek the expert advice of qualified criminal lawyers near you.


Your lawyer might request you to gather all the evidence from calls, SMS, and messages to prove that no dowry has been requested or the wife has left the matrimonial home of her own will. Solid evidence is the crucial part to invalidate the false DV case.

Counter Suit

Your selected lawyer from LawRato may direct you to file defamation or countersuit against your wife. This can help you in proving your innocence in court proceedings. Additionally, your lawyer accompanies you in attending the CAW cell investigation and when not attended by the husband might interfere with the chances of obtaining anticipatory bail. Check this to know more about provisions under which a countersuit can be filed against misuse of 498A IPC.

Court Order and Appeal

Court Order and Appeal

Whether 498A IPC is bailable or not?

The offence committed under 498A IPC comes under non-compoundable offences that are serious crimes. Therefore, it is a non-bailable offence and here the court is at discretion to reject the bail and keep the accused under police custody.

Section 498A IPC Amendment

498A IPC Section in 1983 came into force as an amendment to the Indian Penal Code. It is aimed to address the domestic violence and harassment married women in India are facing daily. Know more about 498A IPC in-depth here.

Jurisdiction of 498A IPC

The place where the victim seeks shelter and lives after being subject to cruelty by her husband or the relative of her husband is considered as the jurisdiction for the purpose of Section 498A IPC.

Meaning, that if you are a victim of DV, you can file a complaint in the jurisdiction where you live after being subject to cruelty by your abusive husband under section 498A IPC with the CAW Cell, Parivar Pramarsh Kendra or Mahila Thana. Check this to learn more about laws for DV survivors in India.

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Domestic violence towards a married woman in any form is not acceptable and shall not be tolerated by the victim. Seeking justice is the right thing to do in response to DV. Equally misuse of 498A IPC is not endured by any means. 498A misuse is defaming innocent husbands as it is also termed as “legal terrorism” by the Supreme Court of India. At LawRato we stand with justice for victims, and we can help you in every step of your legal journey.

At LawRato it is as easy as 1, 2, 3 to find and hire a best-suited DV lawyer or criminal defence lawyer for your legal needs. Select the lawyer, talk and meet them directly to discuss your legal case. Talk to a Lawyer now and seek the justice you deserve with LawRato.

Frequently Asked Questions (FAQs)

Q. How can I file a DV case with the help of LawRato?
A. You can select an experienced DV lawyer at LawRato based on their expertise and experience. This lawyer will help you to immediately file an FIR at the police station and will accompany you in further legal proceedings.

Q. How to select the right DV lawyer from LawRato?
A. LawRato provides you with comprehensive information for every lawyer listed on our platform. You can select the best-suited DV lawyer for your legal issue with the help of filters. You can be assured that LawRato will assist you locate the best attorney based on filters like locality, courts, gender, ratings, experience, and practice areas.

Q. Can I obtain a divorce on the grounds of domestic violence?
A. Yes. As a domestic violence survivor, you can obtain a divorce on the grounds of domestic violence. However, hiring the best divorce lawyer near me with the help of LawRato can help you in dealing with various divorce-related matters such as dowry harassment, child custody, alimony, maintenance, residence, etc.

Q. Can a man file a DV case under 498A IPC?
A. Section 498A IPC protects only women from DV in their matrimonial homes. A man however does not fall as an aggrieved party under 498A IPC. However, a man can file a counter case against misuse of 498A IPC with the help of the best criminal defence lawyers in your city through LawRato.

Q. Can LawRato help me connect with an experienced lawyer in my city?
A. We at LawRato can help you connect instantly with the local DV lawyers near you You can click on find a lawyer where you can select your preferred city. You can also simply fill in your details using the LawRato’s talk to a lawyer service and obtain the best-matched local DV lawyer within minutes.