498A MISUSE ADVICE

It has been noticed that whenever any disputes arises in the family between the husband and wife for any reason, the wife or her family rushed to lodge a complaint under section 498a against the husband and his family members irrespective of the fact whether the husband or his family have committed any offence of 498a or not ?.In some cases it has been found that distant relative and   married daughter whose marriage has been solemnized much prior to the marriage of the complainant wife, has also been named in the FIR. Not only the above her husband and distant relatives who are residing in other cities and has no direct relation in the matrimonial relation of the complainant and her husband has been named in the FIR just to bring them under pressure to achieve her objective which is illegal extortion under the threat of 498a. As such since the very inception of 498a IPC, we have seen that Sec.498A IPC became a more controversial section in the IPC as 498A IPC was misusing at a very high scale. Misuse of 498a IPC was also noticed by the many High Courts and also by the Supreme Court and time and again various High Courts and Supreme Court has observed in their respective judgments about the misuse of Section 498a IPC and also recommended the Law Commission of India to bring suitable change in the law to prevent misuse of sec.498a IPC. It seems that the rise of education, financial security, modernization, independence, and radical feminism have also made Section 498A of IPC, a weapon in her hands than a shield. Because of which many helpless husbands and their relatives have become the victims in the hand of revengeful daughters-in-law. In many cases where Sec 498A was invoked, they turn out to be false cases as they turn out to be mere blackmailing attempts by the wife or her close relatives when marriages failed for some other reason. Because of which in most of the cases the Section 498A complaint is generally followed by the demand of a huge amount of money to settle the case outside the Court or under the terms of settlement which involved a hefty amount. In such a scenario, the court often observed specifically that there are misuse and exploitation under the provision of 498A IPC to such an extent that it was hitting the very foundation of marriage itself and which ultimately led to not a good sign for the welfare of the society for the public at large. The similar observation of the misuse of laws vehemently is even ascertained by the other concerned authorities, such as the police (investigating agency), NGOs, and even judges of the various Courts. Similar views were also expressed by the former Judge of the Supreme Court justice KT Thomas in his article, even the Malimath Committee report on reforms in the criminal justice system also depicted the high misuse of Sec. 498A IPC. The law commission has recommended that the offence under section 498A IPC should be made compoundable offence with the permission of the court. Justice Malimath Committee also recommended that it should be made compoundable as well as bailable. The Union Home Ministry had also asked all State Governments to be judicious in slapping Section 498A IPC in the matrimonial disputes cases as the provision may be used as weapons rather than shields by disgruntled wives. In an advisory to the States and Union Territories, the ministry has asked them to instruct their Police officers not to automatically arrest a person when a case under section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameter laid down flowing from Section 41.Cr.P.C. however, it failed to provide any data regarding how frequently the section is subject to misuse. As per the reports of the National Crime Records Bureau (NCRB) 2016 total cases were registered under section 498A IPC 110378. Out of 110378 cases, the conviction ratio was 12.2%. It means other cases either proved as false or has been withdrawn on settlements. That is why this provision has always been in the news with allegations of false complaints and a very low conviction rate. The Men’s rights activists insist that the law is not serving its purpose and being misused by women to harass their husbands and their relatives. There are many instances where the woman has filed the complaint with a mala fide intention of causing harassment to her husband and in-laws. In such cases, even though the husband and his relatives get acquitted or discharged even then, they suffer from immense mental and economic distress. The media coverage further hampers the reputation of the accused. Not only above it has also been noticed that whenever marriages failed for some other reason, the wife has filed a case of 498A IPC against the husband and his family members and also distant relative who has nothing to do with the matrimonial affairs of the parties and even they are living in different cities for decades. In such cases, most of the cases culminate through compromise in huge amounts in the form of the full and final settlement.

Advice to handle 498a case:-

When a 498A complaint is filed, it is first requirement to visit the authority concern where 498a complaint is pending and ask them a copy of the complaint so that your lawyer could ascertain as to what the allegations are and what section would attract in the case at the time of registration of the FIR. Thereafter as per requirement, always attend the inquiry proceeding as well as counseling proceeding and keep noting the dates on which you have attend the proceeding because it will support you at the time when you will apply for anticipatory bail. While attending the inquiry proceedings do not worry about the arrest as no one can arrest you unless there is an FIR and permission of arrest has been given by the senior police officer. After registration of the FIR and received of notice of sec 41A Cr.P.C you can apply for anticipatory bail if there is a valid apprehension of arrest. Proceeding of the case and legal remedy are not similar in every case and varies case to case so always consult to your Lawyer before doing anything and do not believe third person advice who is not a legal expert or is not aware about the complete facts and circumstances of the case because legal procedure is very complicated and do not apply same action in all the cases. These are the general procedures of the 498a case but not the complete procedure so it is always advisable to go as per advice of your counsel/ Advocate who is aware about the case.