Section 498 A Indian penal code was inserted to punish husband or his relatives for cruelty against wife but at the presence scenario, the section is being misused to take revenge from the husband and his family.
Filing false case under section 498A of Indian penal code is cruelty against husband.
PUNISHMENT UNDER 498A
◦ Upto three years of imprisonment
◦ With fine
UNDERSTANDING Meaning of domestic violence
Anything that will harm the mental or physical well-being of the aggrieved person is known as domestic violence.
The domestic violence has been classified under following heads:-
◦ Physical abuse
◦ Sexual abuse
◦ Verbal abuse
◦ Economic abuse
◦ Emotional abuse
The domestic violence has been defined under section 3 of the protection of women from domestic violence act 2005 but before we understand the concept of domestic violence, we need to understand the meaning of “domestic relationship”.
Section 2(f) – domestic relationship, means a relationship between two person who live or have at any point of time live together in a shared household when they are related by consanguinity, marriage, or through relationship in the nature of marriage, adoption, or our family members living together as joint family.
Arnesh Kumar Versus State of Bihar & Anr.
SLP (crl.) no. 9127 of 2013
Cr. Appeal no. 1277 of 2014
Section 498 of Indian penal code was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives, however, nowadays the said section is being misused, which has been observed by several High Court and the Hon’ble Supreme Court.
When the relatives are unnecessarily made accused under the said section, that was considered by the hon’ble Supreme Court.
The simplest way to harass is to get the husband and his relatives arrested under this provision.
The arrest brings humiliation, courts, freedom and cast scars forever.
Directions
- All the state governments to instruct its police officers not to automatically arrest when a case under section 498A of Indian penal code is registered, but to satisfy themselves about the necessity for arrest under the parameters laid down from section 41 of Cr.P.C.
- All police officers be provided with a checklist containing specified sub clauses under section 41(1) (b) (ii)
- The police officer shall forward the checklist duly filed and furnish the reason and materials which the arrest, while forwarding/producing the accused before the magistrate, for further detention;
- The magistrate, while authorising detention of the accuse shall per use the report, furnished by the police officer, in terms of, and only after recording it, satisfaction, the magistrate will authorise detention;
- The decision not to arrest an accused forwarded to the magistrate within two weeks from the date of the institution of the case, with a copy to the magistrate, which may be extended by the superintendent of police of the district, for the reason to be recorded in writing;
- Notice of appearance in terms of section 41A of Cr.P.C. Be served on the queues within two weeks from the date of the institution of the case, which may be extended by the superintendent of the police of the district, for the reason to be recorded in writing;
- Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for the departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
- Authorising detention, without recording reason as aforesaid why the judicial magistrate concern shall be liable for departmental action by the appropriate High Court.
The direction mentioned above are not only applicable for section 498A of Indian penal code or section 4 of dowry Prohibition act, but are also applicable with the offence punishable with imprisonment for a term which may be less than seven years or which may extend to 7 years whether with or without fine.
FALSE ALLEGATIONS AGAINST FAMILY OF HUSBAND
UMESH KUMAR & OTHER VERSUS THE STATE OF JHARKHAND AND ANR.
Cr.M.P. 257 of 2012
Petition filed by brother-in-law and sister-in-law of woman who had lost a criminal complaint in the code of the chief judicial magistrate, sahibganj against her husband and his relatives. The court took note of the fact that the complaint contain general and omnibus allegations against the petitioner without specific details about the nature of the alleged torture conceding the above the court exercised its power under section 482 Cr.P.C. And quashed the entire criminal proceedings including the order taking cognizance, passed in connection with the case pending in the court of the chief judicial magistrate Sahibganj.
RAKESH RAJPUT AND ANOTHER VERSUS THE STATE OF JHARKHAND AND ANR.
Cr.M.P. No. 2579 of 2013
The court noted that the petitioners reside in Hyderabad and the occurrence of the incident took place in Dhanbad and on the alleged date of incident petitioners were travelling through train making it impossible to be at the place of incident at the same time, the court further noted that that the general allegations were made against the petitioners and nature of offence were not specified as well.
the court quashed the entire criminal proceedings under section 498A including the order taking cognizance against the petitioner and allowed their plea.