Mukund (IMA) 18 October 2012

498a and dv difference

Its normal that the lawyers always ask the girls to file 498a and DV together even if there is no dowry involved.

Is it true that 498a is more a dowry related law and DV is only for domestic violance.

If there was a quarrel between husband and wife and if the wife only want to punish husband because of domestic violance then will the police arrest the husband only on DV or only in case if 498a the arrest is made to all members listed.

I would like to know on which IPC cases the in-laws gets arrested and in which cases they don't make an arrest?

Reply Follow

6 Replies

Chetan Joshi (Advisory/Advocacy) 18 October 2012

Dowry is one of the element in both the laws....The main difference lies in cruelty vs. violence....The arrest depends on the allegations made....A reading of both 498a and sec 3 DV shall give you insights...

Thanxx

Rahul Kapoor (Legal Enthusiast) 19 October 2012

both are different laws.

FIR is filed in 498a while in DV the compalin is filed in crime against women (CAW) cell..

in laws can be get arrested in 498a coupled with 506, 405, 34 of IPC. these are the most common sections that opp party file in the FIR.

1 Like

stanley (Freedom) 19 October 2012

Originally posted by : Mukund

Its normal that the lawyers always ask the girls to file 498a and DV together even if there is no dowry involved.

Is it true that 498a is more a dowry related law and DV is only for domestic violance.

Yes

If there was a quarrel between husband and wife and if the wife only want to punish husband because of domestic violance then will the police arrest the husband only on DV

A Domestic violence is only for a protection order and the person is not arrested .Reliefs are provided in the form maintanence , custody protection order etc (SEC 18,19,20,21,22 of the DV act ) by the magistrate and after the court order if there is a breach of the protection order than the police can arrest w.r.t sec 31 of the DV act

or only in case if 498a the arrest is made to all members listed.

Yes
I would like to know on which IPC cases the in-laws gets arrested and in which cases they don't make an arrest?

Google and download IPC laws from the net and from that you will come to know which are Cognisable and non - cogniable offences

Goutam Prasad (Advocate) 19 October 2012

498A is IPC section which provides for punishment in case of dowrry harassment. If you had been beaten by your husband seeking dowry, you can file FIR under this section naming only him and not name others as it seems no one else is involved in your case.

But, if there is no demand of dowry at all from any body, you should not file 498A FIR.

In that case you have option to file complaint under Domestic Violence, there is provision for punshment in case of violence in addition to protection orders.

You have also option to file FIR for grivious hurt u/s 325 / 326 of IPC depending on the nature of hurt.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

stanley (Freedom) 19 October 2012

Originally posted by : Goutam Prasad

Even if no one is involvd in the case a lot of false 498 a cases are filed and the entire family is roped in except for domestic pets like dogs , cats and in case of birds like parrots

But, if there is no demand of dowry at all from any body, you should not file 498A FIR.

In that case you have option to file complaint under Domestic Violence, there is provision for punshment in case of violence in addition to protection orders.

I diagree to your above answer In domestic violence there is only a provision for a protection order at first instance and only after a breach of a protection order under sec 31 can punishment be given

You have also option to file FIR for grivious hurt u/s 325 / 326 of IPC depending on the nature of hurt.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Arvind Singh Chauhan (advocate) 19 October 2012

Both are related with qruelty or domestic violence. Dowry is not necessary element.

498 Is purely crminal proceeding and accused is arrested and may be punished or acquittted later.

DV Act is quasi civil in nature in which so many releif and injunctions can be sought. But accused is not arrested. Accused of respondant can be punished under DV act only for the breach of any condition or order passed by court.

1 Like