498A indian penal code (ipc)

498A, the alpha-numeric word, has a trend to create a shaking and shattering effect in the life of numerous husband and their relatives.

498A was introduced in the Criminal Law in the year 1983. 498A was inserted in the IPC by way of Amendment Act-1983, with a social aim to protect the women from the demand of dowry and resulting cruelty exercised within the locality of matrimonial home.

The object of law was social and aimed to bring the stability in the society and to arrest the dangerous growth of dowry which snowed the Indian Society for decades and decades. Intention of the legislature was salutary.

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 punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 498a is a criminal offense. It is cognizable, non-bailable, and non-compoundable offense. In India the disbursement of a dowry was prohibited in 1961 under Indian civil law and consequently by section 304B and 498A of the India Penal Code. These Laws were enacted to make it easier for the wife to seek remedy from potential harassment by the husband's family.

"498A" have come under criticism as they have been misused by women and their families.

498A was introduced in the Criminal Law in the year 1983, and the same Era and consequent years also witnesses the women empowerment. They have started joining the mainstream by entering in to all kind of Vocations, Profession, service etc. Women started assuming more hands-on role in the society and enthusiastically demanding more and more space in the social set-up.

In the initial year of passing of 498A, it was used with caution and care by the women and the protection of the interest and dignity of the family was always the prime concern.

However, time has taken a 'U' turn. It has become a comic story in the society that women first understand the basics of matrimonial law which of course and naturally means and includes 498A and then she might learn the other basic and traditional matrimonial obligation. Trend may be upsetting but a harsh reality of the present Indian Society. Law is now being (mis) used. 498A has travelled a journey from the protector of women against cruelty in regard to the demand of the dowry to the tool in the hand of women to bargain for huge cash and 'Rapid Rich Scheme' from the husband.

Law is being invoked for every single act. If husband is not surrendering to the irrational demand of wife then he should be ready to face the anger of 498A. An interesting scenario occurs when a man approach to a matrimonial lawyer (Divorce Lawyer) and speaks about the fact that his wife has left her for all illogical reasons and is not coming back to home. Law provided remedy to the husband to file a suit for Restitution of Conjugal right. Now, it requires courage to file a case of Restitution of Conjugal Right (RCR) against your wife to return back for the alleged reason that the husband must be ready to face the humiliation of 498A. Husband first received the warrant from the Court and then if wife chooses, she files a reply to the RCR petition. He could face the bar for the offence of solemnising the marriage. His depression do not stop here rather it begins from there. His old father and ill mother face the threat of imprisonment for the fault that they got their son married. Now misery further adds when the married sister of the husband is implicated as party when as a matter of fact she is residing far away from the matrimonial home of the wife. Had Supreme Court not intervened at the right time, friends would also have been included within the ambit of 'relative' in the definition of 498A.



DISCLAIMER:This article is for general information purposes only. Always consult a Lawyer before you proceed with your case. Your situation might need a different approach.