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RAMESH (MANAGER)     21 April 2012

Difference between dp4 and 498a

Dear All,

Can an body explain the difference between IPC 498a and 4th Section of dowry prohibition Act.

 

regards, 



Learning

 2 Replies

Mahesh Kumar (Service)     17 September 2014

498a is ipc while dp act is in family court

gautam arora (Asst. Law (PSU))     18 September 2014

Section 4 of the DP act talks about penalty for demanding dowry which is imprisonment of minimum 6 months which may extend up to 2 years and fine up to Rs 10000/-. The Section is Gender neutral i.e. its applicable to any person who demand dowry from the parents, other relatives or guardian of the bride or the bride-groom. However, discretion is given to the Judicial Officer to impose a sentence of less than 6 months but on the condition that he has to mention the reasons for imposing a sentence of less than 6 months in his judgment. 

Section 498A, IPC 

Section 498A. IPC talks about punishment in form of imprisonment for a term upto 3 years and liability to a fine the amount of which is not mentioned in the section but left to judicial discretion for the offence of subjecting a woman to cruelty by her husband or relative of husband. 

Cruelty according to the section means any wilful conduct which 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) or harassment of a woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security  or the harassment is by husband or the relative of the husband is because of the failure by the woman or any person related to her to meet such a demand. Thus, the section is strongly gender biased in favour of the fairer s*x. 

Whereas, Section 4 of DP Act defines a single offence, cruelty under section 498A may take into its ambit number of offences which may be assault,battery, libel, character assassination, et al. 


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