Quick Answer: Is Section 498a IPC Bailable?

How long does a 498a case run?

Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway..

Who can file 498a?

A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

What is the cost of anticipatory bail in India?

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Can husband filed case against wife in India?

The wife can file a complaint against husband under Section 498A, IPC, The Hindu Marriage Act, 195 and the Domestic Violence Act, 2005. … In such cases, the husband had no remedy since the laws of India are tilted towards in favour of women.

What IPC 504?

Section 504 IPC as defined in the code provides punishment to, “whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either …

What is the bail amount for 498a?

3,00,000/- for past maintenance and a sum of Rs. 12,500/- per month as future maintenance to his wife and child. In a proceeding under section 438 of the Code, the Court would not be justified in awarding maintenance to the wife and child.

What is the difference between 498a and domestic violence?

The amendment focuses not only on dowry deaths but also cases of cruelty to married women by their in-laws. Section 498 (A) IPC is the only section in the IPC that recognizes domestic violence against women as a crime.

Can I get anticipatory bail without FIR?

It is possible. You can file an application for anticipatory bail even if a FIR is not registered. The court my dismiss the bail application but may pass an order to not to arrest in the event of a FIR to be registered at a later date.

Is 498a IPC compoundable?

Under the proposal, Section 498A of the Indian Penal Code will be made a compoundable offence with the permission of the courts as suggested by the Law Commission and Justice Malimath Committee. … The offence is punishable with a jail term of up to three years.

What happens when 498a is filed?

Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine.

Can 498a case be withdrawn?

You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.

Is 498a a ground for divorce?

Section 498A IPC: Acquittal may become a ground for the husband to seek divorce due to mental cruelty [Read the Order] … 2019 has observed that once acquitted for an offence under Section-498A, husband can claim curelty and seek divorce.

Can you take back 498a wife?

Yes, we advise people not to marry 498A abusing girls and their families. … We also advise that you must not take back a 498A abusing wife. 3. We advise you not to pay money or settle false cases and support our members to fight cases on merit.

Is adultery a crime in India?

India’s top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.

How do you get bail in a 498a case?

Procedure to get an anticipatory bail As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps: Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail. Draft an anticipatory bail application along with your lawyer and sign it.

What is law if 498a proved false?

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. … Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

How do you prove 498a false?

In such a case a man can allege that he’s being wrongfully framed in the case. Under the belief that the case filed under section 498A filed by the woman against her husband or his relatives is false, a counter lawsuit can be filed under section 227 (violation of condition of remission of punishment) of the IPC.

What is Article 498 A?

376 [498A. 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.

Is anticipatory bail for dowry case?

“We have protected pre-arrest or anticipatory bail provision in dowry harassment cases,” said a bench headed by Chief Justice Dipak Misra and comprising Justices. … The offence is both non-cognisable and non-bailable, which implies that bail can only be granted at the discretion of a magistrate.

Is Fir necessary for anticipatory bail?

Anticipatory bail can be granted even after an F.I.R. is filed, so long as the applicant has not been arrested. … there may not be arrest. The question of arrest would arise only after the registration of the F.I.R. . under Section 154, Cr.

What type of case is 498a?

Non-Bailable Offense – There are two kinds of offenses, bailable and non-bailable. 498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.