498-A was added to the Indian Penal Code in 1986 to save married women from dowry harassment. Which got the name of dowry prevention law. And for this, women protection from domestic violence brought in Act 2005.
At that time circumstances were such that people used to oppress their wives for dowry. And it used to be a lot more than today. Due to which in 2005, women were given a wapon against their tyrannical husbands, Which called dowry prevention law. Women were relieved to such extent that such incidents were reduced to a large extent. But it started misbehaving slowly. And this became a threatening weapon to men. Now there would be a small fight in the husband’s wife, then the wife threatens him with 498-A. Some cases came in front of them where only Madam’s ego got hit and he got hit 498-A. In fact, it has become a strong weapon to frighten the boy side. In a family of Ludhiana 498-A was misused so that his entire family had to go to jail.
SECTION 498 (A) Of Credulity By Husband Or Relatives Of Husband
Life partner or relative of Life partner of a woman subjecting her to cruelty –Whoever, being the Life partner or the relative of the Life partner of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to 3 years and he/she will also be liable for fine.(Where Life partner means Husband)
Explanation –For the purpose of this section, where “cruelty” Denotes—
(A) any wilful step which is of such a nature as is likely to drive the
woman to commit suicide or to cause grave injury or limb, danger to life or health (whether mental or physical) of the victim;and
(B) harassment of the victim where such harassment is with a view to forcing the victim or any person related to the victim to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to the victim to meet such demand.
According to section 498 of the Indian Penal Code, after the marriage, in case of any kind of cruelty or mental bodily violence done for the dowry by the in-laws party, the case can be run under Section 498-A. And if the accused’s charges are proved, then the penalty under section 498-A of the Indian Penal Code will be implement. This is a serious crime. It can be applied not only to her husband but also to all the family members.
Punishment : Imprisonment for 3 years and fine-Cognizable if information relating to the
commission of the offense is given to an officer in charge of a police station by the person aggrieved by the offense or by any person related to the victim by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the Government of the state in this behalf Non-bailable Triable by Magistrate of the first class Non-compoundable. (Where Life partner means Husband)
(A). If the Victim dies in suspicious circumstances, and if the death occurs within 7 years, the punishment will be by Section 304-B of the IPC, in which the sentence of life imprisonment which will be changed for 10 years. and also punished with fine.
(B). Under the 498-A, the After woman’s F.I.R. lodging, the inquiry committee examined the allegations and the accused was then detained by the police. After the amendment of September 2018, there is a provision to take the accused into police custody without investigation.
Taking dowry and giving both are unlawful according to Dowry Restrictive Law-8.
According to a survey, 80% of the cases registered under the 498-A were found to be fake.498-A also receives the title of legal terror.