Section 498A IPC: Section 498A IPC - Husband or Relative of Husband of a Woman Subjecting Her to Cruelty
Published on: Lawiz Team
Understand Section 498A IPC, its legal provisions, punishments, how to file a case, and the rights of women in dowry-related harassment cases.
Official Legal Text
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.
Explanation: For the purposes of this section, "cruelty" means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
What This IPC Section Means – Explained in Simple Words
Section 498A punishes any husband or relative of the husband who subjects a woman to cruelty, whether mental or physical.
Purpose
To protect married women from cruelty, harassment, and abuse by their husbands or in-laws.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, and fine.
Key Elements
1. The woman must be married. 2. The cruelty must be caused by her husband or his relatives. 3. The cruelty may be physical, mental, or related to dowry demands.
Illustrative Example
If a woman is harassed for dowry by her husband and in-laws, they are punishable under Section 498A.
Legal Defenses
If the accused can prove that the woman is making false allegations, they may be acquitted.
Related Sections
Related to Section 306 (Abetment of suicide) and Section 304B (Dowry death).
FAQs
Is Section 498A IPC a bailable offense?
No, Section 498A is a **non-bailable and cognizable offense**, meaning the accused must apply for bail through the court.
Who can file a complaint under Section 498A?
The **aggrieved woman** or her **family members** can file a complaint at the nearest police station.
What is the punishment under Section 498A IPC?
A convicted person may face **up to 3 years of imprisonment** and a fine.
How can an accused person defend themselves in a false case?
Common defenses include **proving false accusations, lack of evidence, or out-of-court settlements through mediation.**
Can a husband get anticipatory bail in 498A cases?
Yes, the accused can apply for **anticipatory bail** in the **Sessions Court or High Court** before arrest.
Can Section 498A IPC cases be settled outside court?
Yes, mediation is an option in some cases, but **it depends on the court's discretion.**
How does Section 498A IPC impact families?
It aims to protect women from harassment, but **misuse of the law is also a concern**, leading to legal battles and family disputes.