Site icon Legal Aid

Section 498-A IPC

Section 498-A IPC

Section 498-A IPC

Brief about this Act

This Act was introduced in the year 1983 and was made to protect married women from being subjected to any kinds of cruelty done by the husband or relatives (Mother in law, Father in law, Sister in law or Brother in law etc.) of the husband. The expression “cruelty” has been defined in a wide terms to include inflicting physical or mental harm to the body and health of the woman and indulging in acts of harassment with a view to coerce her or her relation to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of latter limb of the section. Creating a situation which is driving the woman to commit suicide is also one of such ingredients of “cruelty”.

So in simple words Section 498-A of IPC basically deals with ”Cruelty” done with women by husband or relative of husband of a woman. Whosoever, being the husband or the relative of the husband of a women, subjects such woman to cruelty shall be punishable offence and they can be punished and imprisoned for any kinds of cruelty or harassment .

“Cruelty” According to this Act

Who can file a complaint?

A complaint can be filed by a woman aggrieved by the offence or by any person related to her by blood, marriage or adoption under Section 498-A of IPC. In case of no such relative, then this complaint can be filed by any public servant as may be notified by the State Government in this behalf.

Required Ingredients

Following necessary ingredients are require to be satisfied for commission of an offence under Section 498-A

Punishment under this Act

Whosoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for term which may extend to three years and shall also be charged with fine.

Object and Caution of this Act

Section 498-A of IPC was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or relatives. Nevertheless, the provision should not be used as weapon to achieve oblique motives, Onkar Nath Mishra v. State (NCT of Delhi), (2008) 2 SCC 561.

Exit mobile version