Skip to main content

How to prove a 498a case ?


How to prove a 498 a case?  This question strikes every mind that has or there loved one's have faced cruelty for demand of dowry.

Demand of dowry is very prominent in our society and has been haunting our society from very long time now. It was evidently seen that young women were subjected to cruelty to get demands of dowry fulfilled. That also resulted in suicide or homicide of young married women. That forced legislature to amend I.P.C and introduce a new chapter XXA 498a.

These days it is quite  evident that society is trying to stereotype 498 a cases as false cases. But there could be no denial that venom of section 498 a is still prevalent even though section 498 a I.P.C has played a very vital role in curbing venom of Dowry demand but venom of dowry demand is still evident in society. Thus punishment should be served to people still demanding and harassing wife's for dowry. So question arises how to prove 498 a case. 

How to prove 498 a case
To prove a 498 a case u will have to prove two things
        1.Demand of dowry by in laws. 
        2.You were subjected to Cruelty for demand of dowry
So demand of dowry and cruelty for demand of dowry both are to be proved at same time. 
Before filling a fir you should brief a lawyer and get proper legal advice. Fir will be most important step to prove a 498 a case. So get properly advised by your lawyer what matter you need to state in Fir. If any demand is made by call you should record that conversation and later give it to police as proof. 

 After you have lodged a Fir Police will take /record your statement under section 161 Cr. PC. In this you will have give detailed account of dowry demand and cruelty. Exact demand of dowry and exact act of cruelty with exact date and time of incident and with exact role of  each in laws in demand and cruelty has to be clearly stated. This statement to police under 161 Cr. PC  is very important when trail  begins and when you and your witnesses will be summoned by court for evidence. You will need to give almost identical statement in court as you have given to police under section 161 Cr. PC. This will be key to prove 498 a case in court. And  witnesses of prosecution for example father, mother, brother of girl should also give statements in corroboration stating exact demand and incident of cruelty. 

After giving your statement to police make sure you Get a copy of Challan (Final Report) from by engaging a lawyer. In Challan(Final Report) copy you will get copy of fir, final report, all statements of 161 Cr. Pc and all other documents collected by police during investigation.  

Before giving evidence in court refresh  your self and your witnesses with previous statement of 161 Cr.Pc. It is important to show during trail that statement is not rehearsed. So do not accept during cross examination that you had access to 161 Cr.Pc statement or you got trained by your lawyer to give statement. 

Closing Remake:
So with reference to your query How to prove 498a case answer is key to prove 498a case consistent statement  in fir, statement to police, statement in court with exact and detailed record of demand of dowry with detail of cruelty with specific date and incident. 


Comments

Popular posts from this blog

'' Can shoot at sight Order Be given'' during curfew under. Section 144 Cr.P.C 1973 ?

Curfew-Section 144 Cr.P.C                                               Can shoot at sight Order Be given during curfew?             In recent Times of Corona virus @ Covid -19 and a lock down and  restrictions are imposed all over India under  The   Epidemic-Diseases,Act 1987  and section 144 Cr.P.C   .An effort to curb the spread of deadly virus Novel COVID -19 .Section 144 Cr.PC 1973 has been proclaimed all over India . With it the famously known  in Hindi as '' ek so chawalis '' @section 144 Cr.P.C@ Curfew. Lockdown/Curfew  is the talk of the town and topic of discussion in legal fraternity and all. It has been seen most of the News Channels are debating on Section 144 crpc(Criminal Procedure Code) .      Recently one of the  Chief Minister of Indian...

Career options after LL.B

Career option after LL.B What are Career option after LL.B  comes to our mind if we are pursuing LL.B.It also strikes our mind if we are at a stage when we have to decide weather we should  pursue Ll.B course. so let us discuss about LL.B and career options after LL.B LL.B-Lex Legum Baccalaureus Lex Legum Baccalaureus is the Latin Terminology   Also Known as'' Bachelors of law’s''(LL.B).Can be persuaded after any Graduation degree or after 12th ,It is a three years course after graduation. Candidate should have 50% Marks(45% for st/ sc )to be eligible for LL.B course INTEGRATED LAW DEGREE Apart from three year course LL.B can be persuaded after 12 th   in Five Year Integrated course. It is done in B.A.LL.B , BB.A.LL.B , B.Com.LL.B , B.Sc.LL.B , B.S.E.LL.B Career options after LL.B  Advocate In the list of career options after LL.B first is to get enrolled as Advocate .After Getting a degree in LL.B you can get your self registered...

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....