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498a and Information Technology act

Hello Respected Members,


My wife has filed a 498A case and I have got the copy of FIR also. I have been called in police station for inquiry. I have sent few very vulgar messages to my wife when she went to her home and was not coming back. Now she has made them evidences and filed FIR. Police office said that at the moment only 498A is filed however police will file IT act on me and I have to be in jail for years. Police also mentioned that I cannot get bail on this act and I have to leave my job. However I have few evidences which prove that my wife's character was not good and she has a very bad past.

I am worried a lot because of police statement about my job. I am the only one who earns on my home. I have my brother and mother to look after.

Please I beg your help and need advise what should I do now?


 9 Replies

AS   23 October 2014

Well all i know is it is tuff to get bail if IT act is enacted.

But to be in jail for number of years is not true.

You are govt employee or pvt sector ?

Tajobsindia (Senior Partner )     23 October 2014

@ Author, 


1. Your worries are valid. 

2. Mental cruelties both under S. 498 a IPC as well as under DV Act can be proved by her following procedures as laid under Evidence Act and even Court can Order for authenticity of SMS. 

3. Police as part of their interrogation have rightly hinted on additional charges which your wife may not have prayed for but it is within State’s rights to file additional charges under IT Act too as abusive – vulgar SMS comes under Amended IT Act.

4. Remedy right now you do not have but as and when trial progresses by being in company of a seasoned criminal advocate to your side you may pray for sending parties to mediation to sort out differences OR pray for Mutual Consent Divorce OR opt for plea bargaining and all those cometh when case progresses and as per advice of your advocate who is actually knowing full facts of parties.


[Last reply]


Thanks for replies. @AB. I am a private employee. If I give proves which tell that her character is bad. Will it make a difference? I have her Facebook chats with different people and it is very vulgar. Includes intercourse and all.

NUT (Programmer)     23 October 2014

  • Sending threatening messages by email - Sec 503 IPC
  • Sending defamatory messages by email - Sec 499 IPC
  • Forgery of electronic records - Sec 463 IPC
  • Bogus websites, cyber frauds - Sec 420 IPC
  • Email spoofing - Sec 463 IPC
  • Web-Jacking - Sec. 383 IPC
  • E-Mail Abuse - Sec.500 IPC 
1 Like


As i think, if police is saying of IT Act for SMS then you keep ready your all FB and other mails of your wife well drafted. Try to give money to PP. apply your bail in High court, dont relax if Lower court refuses. Don't go police Station till bail. Remember all things there will be a way to confuse jugde About SMS if you can't convience them. Try hard and put your point to judge that it is a point of prestige and also job will be left if jailed. so request. ensure self first about points. 

Be with positive things, appear before court and say that police is more threating me like " gaand mein danda de denge" please grant bail as to avoid this torture and future of wife. Don't ask for mediation say only if she is ready then only otherwise not. why she not came to me and attended my call before i sent SMS.


Rocky Smith (Instructor @ Calcutta (     24 October 2014

The police officer is just making you afraid.

He can at-most put you jail for 1/2 days. Nothing else.

Don't worry. You will not lose your job for that reason.

Please also plan to switch to another job and show jobless in the court when they will file the maintenance case. Please go through my links properly along with other posts.

T. Kalaiselvan, Advocate (Advocate)     24 October 2014

My advise is that you better contact a local lawyer and get AB if those offences are included in the FIR and after that challenge the case on the basis of merits in your side.  Without knowing proper details from both the sides, it will be difficult to properly opine about your issue, hence take the help of a prudent lawyer and challenge the case during trial, dont be frightened by the terrorising replies by some people here.

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