What evidence proves 498A?
The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.
What happens if 498A is proved true?
Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.
Why does wife file false 498A?
1. Money. Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.
Why was 498A introduced?
Section 498A was introduced in the year 1983 after seeing the rampant nature and prevalence of reported cases for cruelty against women. The insertion of Section 498A IPC is a penal provision together with allied provisions in the Code of Civil Procedure are so designed as to impart an element of deterrence.
Who has burden of proof in 498A?
The burden to prove the accused guilty of an offence without any reasonable doubt reasonable doubt is always on the prosecution. So, prosecutions have to prove their case, if fails then it may end with acquittal of the accused.
Is 498A criminal case?
Section 498A makes it criminal for a husband and his relatives to subject a married woman to cruelty is which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property.
Does 498a affect job?
As per law, the principle is innocent until proven guilty. So, it will not affect your career prospect.
Who has burden of proof in 498a?
What is mental cruelty in 498A?
Explanation.—For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or.
What is the difference between 498 and 498A?
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
How long does a 498A case run?
Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.
What did the Supreme Court say about Section 498A?
Therefore, by special leave petition, the husband approached the Supreme Court. In this case, the Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives.
When did Section 498a of IPC come into effect?
Section 498A of IPC has come as a major amendment in the Indian Penal Code, 1860 which was inserted in 1983 for the safeguarding of women’s rights and empowerment. The extortion of any kind of property by subjecting a woman to cruelty is punishable under Section 498A of the Indian Penal Code.
Can a person be bailed under Section 498A?
The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate. All the convicted ones will be subjected to the imprisonment for a term which may extend to 3 years or shall be liable to fine under Section 498A punishment.
Can a cruelty complaint be made under Section 498A?
The Court held that for the purposes of Section 498-A of IPC “Cruelty” should be established in the context of Section 498-A IPC and not any other statutory provisions.