How to fight false 498a case.

                                         How to fight false 498a case

How to fight false 498a case. . 

         How to fight false 498a case comes to mind when you are booked under section 498a IPC.

    Initially under section 498 a if a wife made a complain that she is subjected to cruelty for demand of dowry.  All the in laws were booked under section 498 a IPC and arrested  that to without any initial inquiry. That initially  helped the society to fight the demon of dowry demand but subsequently  Section 498a Ipc became a tool in hands of women/ wife to tame there husbands so they dance to there tunes. That saw a tremendous rise in false cases also under section 498 a. Thus Supreme Court had to step in issue directions so that false cases can be curbed and social fabric of the society can be safeguarded.

What is 498a

If a women in India  is subjected to cruelty for demand of dowry by her husband or in-laws. Such act is recognized  as a offence under Indian Penal Code (I.P.C) under section 498 (a) I.P.C..

Historical Background  of section 498a IPC

Originally in Indian Penal Code section 498a was not there until 1983.It was introduced by amendment in Indian Penal Code via criminal law amendment 1983. Thus dowry demand was recognized  as a offence only after amendment made in 1983 in IPC.

498a Punishment 

Imprisonment for term which may extend to three years and shall also to liable to fine.  

That means punishment will not be more than three years. Magistrate on his discretion can punish accused for a term for example 8 months or two yeas or one year or two years six months on his sound discretion. 

498a Bailable or not

498a is non bailable.But these days getting a Anticipatory bail or regular bail is very easy.

Classification Of Offence

Non - Bailable, Cognizable, traibale by magistrate first class. 

498a Jurisdiction  

Recently supreme court has propunded that a case for dowry demand under section 498a can also be registered where the women takes shelter after she is subjected to cruelty.

498a Conviction -what happens if trail court convicts you

If the trail court convicts u under section 498a u can prefer a appeal against the order to the appellate court in this case as section 498a is trailable by magistrate court appeal will be preferred in Session court.On conviction by trail court u will not go to the jail u will be released on bail by applying for bail under section 389 Crpc to prefer a appeal.

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How to fight false 498a case

Let us discuss few steps and see how to fight false 498a case

Generally it is seen  before a false case there is negotiation by wife  or her parents with the husband or his parents negotiations to get there demands fulfilled. In this situation it is commonly seen threats are made in phone calls and in person.  

First thing that should be done is these threats and calls should be recorded which could be used as proof in court. Such proof will specially help u get anticipatory  bail or even  regular as the case may be. 

Secondly, u should inform threats in police station or even to higher ranked police officers and keep the acknowledgement copy of information as proof.

Then you should inform senior members of your society/Religion and hold a meeting under there guidance for mutual agreement between both the parties.Minutes of the meeting should be reduced to writing both the parties and Senior member of society should should sign it.

Even after that if the dispute is not resolved then u can also lodge a F. I. R of threat of false implications and if police does not registers a F. I. R you can file a complaint case this will serve you in your defense if a false case of 498a  is registered against you. such action should be taken before 498a case is filled against you.

As and when FIR is lodged against you you will be called for counselling at that time you should apply for anticipatory bail and quashing of FIR in High court on ground of above evidence

Then u can file a case of restitution of conjugal  rights or Judicial separation or 

Divorce depending on persisting situation on advice from your lawyer.

As and when FIR is lodged against you you will be called for counselling at that time you should apply for anticipatory bail and quashing of FIR in High court on ground of above evidence.Even if the FIR is not quashed you will Get  bail and above steps will help you to to fight false 498a case.

If you ponder How to fight false 498a case  above steps will help u get anticipatory  bail. Firstly the bail should be applied for those family members ageist whom the least severe allegations are charged. 

Most important thing is that you should  consult  a good lawyer in advance and brief him.

According to me In quest of how to fight false 498a case make sure you make a sincere effort to fight a false case under section 498a because false cases carry more venom and are more likely to get you in trouble.We  cannot stereotype all 498a cases as false cases 498a is a offence done by very low class and people with ill mentality .Misuse of legislature is also as severe as the offence it self Our criminal system also recognizes it as criminal system is also based on principle that even if 100 of culprits may go by but no innocent must be punished.