498A EFFECT ON THE JOB/EMPLOYMET
What is an effect of 498A case if a person against whom an FIR is registered is in the employment?
The above question generally pained to a person who is employed and against whom an FIR has been registered under section 498A IPC. So to understand its effect, it is to be noted that the section 498a is a cognizable, non-bailable and non compoundable offence. Meaning thereby that when a complaint is filed by an aggrieved woman or her family members, it is the duty of the police officer concern to register an FIR and after registration of an FIR, the police officer is empowered to arrest the person named in the FIR if situation so warrants and if the person is arrested and kept behind the bares for more than 48 Hrs. he may put under suspension if he is Government employee. But if he is in private service, it is the sole discretion of the management to take any action against him. So first of all arrest should be avoided at any cost. Now days there are few mandatory guidelines have been issued by the Supreme Court by which illegal arrest has been regulated. Further after 2013 amendment in the Cr.P.C, it is mandatory to comply sec.41A which is also a safe guard against an illegal arrest. Section 498A is not comes under the category of a heinous crime as the offence of 498a is arising out of a matrimonial disputes so it is always in favour of the person if he kept informed his superior/ reporting authority about the pendency of the case and keep updating about the progress of the case. Mere registration of an FIR or pendency of a case for trial will cause no effect on the service of the person but after conviction, it will have an effect on his career as per service rule. The conviction ratio is very low in the cases related to 498a and most of the cases culminate in the settlement therefore it can said that there is no grave effect on the employment if he takes legal recourse in time and avoided from arrest in the legal manner.