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Subhomoy Das (Retail Manager)     04 July 2011

498A

If a wife lodge a complaint(false complaint) against her husband & old inlaws under sec IPC 498A then is it mandatory that or does Police have legal right to apply Third Degree in the  Police Lock Up on to the Husband  & inlaws without verifying/ inquirying the truthness of the complaint lodge by the wife.

 

Please advice.



 7 Replies


(Guest)

Hi,

 

Please refer to 498A Survival guide,

www.498a.org/contents/Publicity/498aSurvivalGuide.pdf

Mohit Attri (lawyer)     04 July 2011

no police can not use 3rd degree. first of all u hve to file a anticipatry bail application before session judge. 

2.>> police have no legal right to usee third degree

3>>> if a FIR HAS BEEN LODGED THEN GO FOR ANICIPTRY BAIL FIRST

4>>> FOR MORE DETAIL KINDLY PASTE UR  FIR FACTS OR MAIL ME ON

attri.mohit@gmail.com

regards

 mohit attri

            advocate 

Advocate M.Bhadra   04 July 2011

Police authority have no right to torture with accused against an F.I.R.u/sec.498A.Get a copy of FIR,then file an application u/sec.438 Cr.P.C. to the District Court or High Court.You may also lodge a complaint to the Human Right Commission against the police.Moreover, you can file a quashing petition u/sec.482 Cr,P.C. in the High Court.

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     05 July 2011

No Third degree is permissible. They can apply for anticipatory bail. After anticipatory bail order,  police can't arrest them. They can also make repentation to police apprising the true facts so that police can veryfy the truth of the FIR.

Vipin Sharma, Advocate. Mobile-9610000043

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     05 July 2011

Dont Afraid Mr.Subhomoy das,

As first of all u will get Anticipatory Bail (Bail prior to your arrest)

Even if u got arrested then you will get regular bail within a day or two and police cannot use third degree.

So be careful and contact any advocate in advance so that he will arrange everything.

Regards

krishankmittal (Retired)     05 July 2011

Lodge a complaint to the income tax deptt on their claim of having spent big amount on marriage. i have successfully fought my son's case by doing this. The girl had to withdraw her cases on account of enquirybt the ta x deptt.

1 Like

vijaypati singh (Advocate)     06 July 2011

Acording to Supreme Court judgement in 2008 the apex court has given directions to the central government to stop misuse of Sec 498A and following the supreme courts directions the central government has send a circular to all statte governemtns to take corrective measures regarding the same and on thtat basis many state goveernments have taken out a G.R. on Section 498A, the idea is when a complaint is filed U/s. 498A the police must investigate into the matter by calling both the parties and try to mediate and settle the matter and if it founds tht there is any prima facie case then only it can register a FIR the idea is to protect  and preseve the institution of marriage from collapsing in few states the G.R. also says tht no arrest can be made without a warrant.

(the above views are based on the information available to me some one has some more information kindly correct me)


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