Section 498A of the Indian Penal Code (IPC) deals with the violence done on women after her marriage by her husband or her in-laws or any relative of the husband. It prescribes punishment for 3 years and a fine or both.
| Section | Offence | Punishment | Cognizable or Non Cognizable | Bailable or Non- Bailable | By what court triable |
| 498A | Punishment for subjecting a married woman to cruelty | Fine and imprisonment for 3 years | Cognizable if the information relating to the commission of the offence is given to the officer. | Non bailable | Magistrate of the first class |
Need for Section 498A
Women have always been subject to cruelty by male society. Laws like these help women to fight back. Woman feel they are being heard
Misuse of the law
Supreme Court calls the Section 498A as ‘Legal Terrorism’. The misuse or abuse of the law is mostly done by urban and educated women. Also, in most of the cases, the husband and two of his relatives are prosecuted.
- Women use it as a weapon than to shield themselves. In Arnesh Kumar v. State of Bihar,[2] it was stated that bedridden grandfathers and grandmothers and even relatives living abroad were arrested. So, women have started using it as a weapon to get their husbands arrested if they are not satisfied with them. There are many false cases registered every year, as a result, it increases the pendency of cases in the courts.
- There have been a number of cases when the male is not of India and he comes to India to marry the lady. Due to extortion and fear of jail, he is made to do acts which he otherwise would not have done. He is under the fear of Section 498A.
- Police visit the office premises of men and his reputation is harmed. Police can also pick up the relatives if the complaint is harmed. Also, it does not require any proof before arrest. Even no investigation is required. So, if there is a small dispute woman can use the section to seek revenge.
- Gifts are sometimes misunderstood as dowry. So, this can again pose a problem.
- “The harsh law, far from helping the genuine victimized women, has become a source to blackmail and harassment of husbands and others. Once a complaint (FIR) is lodged with the Police under s.498A/406 IPC, it becomes an easy tool in the hands of the Police to arrest or threaten to arrest the husband and other relatives named in the FIR without even considering the intrinsic worth of the allegations and making a preliminary investigation.”
So, pro-women laws should not become anti-man laws
How can men protect themselves from false allegations
- Men need to collect all the evidence and documents. One must collect as many evidence it can prove innocence in the court of law. Indian Judiciary is pro-women, so it may become quite difficult for men to prove the guilt. Men can even keep voice recordings as they can help in the court. Text messages or any conversation which can be claimed as a substantial proof can be kept by the man. Also, if there is any proof which shows that no demands were made by the husband’s side for dowry before and after marriage can prove to be a strong evidence.
- Try to get an anticipatory bail – if you feel that your wife is going to file a false case against you, hire a good criminal lawyer and get an anticipatory bail. This will help you and your family members from getting arrested. This was held in Rajesh Sharma v. Union of India, and allowed the men to take anticipatory bail.
- You can also file an FIR case against your wife for false 498A complaint. Though the police in India do not file such cases, if you have full proofs, they will consider filing your case. Draft a complaint by a good criminal defence lawyer, so that the police does not reject it.
- You can get the FIR quashed by approaching a High Court under Sec 482 of CrPc. Courts are hesitant to quash an FIR which has been filed by police, but if you have substantial evidence to claim your side you can easily get the FIR quashed.
- You can also file a defamation case against your wife for all the lost reputation. Man is a social animal so reputation is very important for him. So, a man can file a case of defamation under Sec 500 of IPC.
- You can also file a damage recovery case under Sec 9 of CPC. If your wife lies that you have physically or economically or emotionally harassed her and all her claims are false, you can file a suit against her, it has no risk involved.
- Also, prove that the wife moved out of the marriage on her own and without any valid reason.
Remember, evidences are everything in court of law. Without evidence, the court may favour the woman but if you want to be proven innocent, start collecting proofs.