Getting your innocence proved against the misuse of section 498A

Getting your innocence proved against the misuse of section 498A

Date : 06 Aug, 2019

Post By Sankul Nagpal

In the modern era where laws have reformed the way we perceive social institution and gender, the change hasn’t been favorable in all sphere. Often laws with loopholes become an easy tool of misuse and harassment. The situation worsens with laws that empower particular strata of the society over the others.

Time and again a repeated argument has been raised against laws concerning to violence against women in India and its subsequent misuse by women. The police, politicians, media houses and even the judges of the Higher Courts have affirmed these arguments of the "misuse' of laws quite often. The allegation of misuse is made especially against Sec 498A of the IPC.

What is Sec 498A of the Indian Penal Code?

Sec 498A was introduced in the IPC in 1983 to protect women from ‘Cruelty’ from her husband and/or his relatives. Section 498A of the Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally in cases relating to 498A the husband and his family are immediately arrested without enough investigation and put behind bars without any option of bail. Even if the complaint turns out to be false, the accused is presumed to be guilty until proven innocent in the court of law.

The section was incorporated with an aim to further criminalize violence against women post marriage and also to expand the horizon of what constitutes ‘cruelty’ within a matrimonial household and protect women who have the courage to file complaints against their abusers.

Misuse of Section 498A in Modern World

In the modern world where both men and women are both independent and earning, the concept of marriage as well as the conventional role of a man and women has undergone a drastic change. Women are often misusing the law that was framed for their own protection against violence and cruelty and making false allegations against their husbands with the purpose of getting rid of them or simply defaming the family.

The abuse of this section is constantly increasing owing to the fact that well- educated women know that this section is both cognizable and non-bailable and thus can be triggered on a simple complaint by a woman and thereby placing the man behind bars.

What to do when you are falsely accused under 498A?

Though section 498A is often used a powerful tool by women to file frivolous and false complaints and to abuse and harass her husband and his family, however the law even when misused can do justice with the help of other laws of the land. And hence there are always counter steps available.

Defend yourself and your family against the false arrest

You can defend yourself and your family from being sent to jail because of the false complaint. To do so you may undertake the following options:

  1. Collect as much evidence as possible.
  2. Record all conversations with those threatening and keep the original files at a safe place. 
  3. Collect evidence to show that you have neither demanded dowry nor have taken it.
  4. Collect evidence to show that the woman is trying to break the union of marriage for no justified reason.
  5. This evidence will come handy at the time of getting anticipatory bail or notice bail from the court.

Safeguard your Family

There are thousands of cases where the whole family is put behind the bars owing to one false complaint. This is because Section 498A has a very vast jurisdiction through which women can complaint against anyone in the family. Even the parents of the husband are not immune. In such a situation the husband can do the following to protect his parents and other family members –

After an FIR is lodged, one can apply for anticipatory bail or notice bail to ensure that the innocent family members are not going behind bars without any actual fault of theirs’.

What turn the case then takes would totally depend in which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases..

Complaint about the blackmailing, false allegations against you

Another way to protect yourself from a false allegation is to lodge a complaint at your nearest police providing details about the blackmailing, false allegations that you are facing.

A Request can also be made to take necessary actions and stop the woman from making threats and abuses immediately.

Relevant evidence can also be furnished for the blackmailing, threats and mental agony etc. Filing such a complaint early on can save you from a lot of and mental trauma.

The police however do not easily note down the complaints of men owing to the true injustice women often face. This is why consulting a lawyer with experience in such matters before approaching the police is a good idea, which can easily be done via the online services of www.lawtendo.com 

Socialize the issue of the false accusition

Start writing letters to media houses, human rights institutions, telling them about the misuse of Section 498A and the mental agony you faced. Use social media for engaging the masses. Doing this will not give you any legal relief but would surely bring the attention of the society toward your sufferings.

Who can help you with this?

At Lawtendo you can choose from amongst the best lawyers, who will then assist you to take legal action against false accusation causing mental agony and defamation.

Visit Lawtendo and choose from a wide array of legal services to get all your legal worries sorted.

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