498a clarification

Please follow the Dowry Prohibition Act. Giving dowry and taking dowry both are offence.

If she is claiming that money, gold and land has been given as dowry then she and her parents also committed the same crime.

If you have the contradictory points available the please file perjury.in the same court where 498A is going on.

Please see all of my posts on the following links: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

First of all 498A case is against the cruelty meted out to the wife by her husband or her husband's relatives.  Sometimes, the police on their own, club it with the provisions of Dowry Prohibition act to make the case more stronger  (showing their  gratitude for  the heavy graft amount received by them).  What is your case, only 498A or clubbed with 3/4 of DP Act  too?, however, during cross examination your advocate may point out her this statements and ask her to clarify that as per her no dowry was demanded by your people but it was she or her side which voluntarily offered the so called dowry and also he may insist on the evidence for it.  You can instruct your advocate about it before the trial begins to note it down anywhere in a piece of paper and secure it for cross examination purpose.

There is misconception even among some lawyers here that Section 498A is an anti-dowry provision.

Under Section 498A IPC instant arrest and humiliation of not only the husband but also his female relatives is the threat much more than any eventual conviction

Even the parlimentary committee set up for review of 498A has almost given full support to the Section.One member who gave a dissenting note was more vociferous in supporting the provision. One women's organisation has deposed that only 10% of the complaints have been proven to be false. This is a half-truth because in India most cases end inconclusive either due to benefit of doubt or out of court settlements.

Happily only yesterday the Supreme Court has come out against the police for actions under 498A

A bench of Justices C K Prasad and P C Ghose have described 498A arrests a humiliating experience apart from curtailing the freedom. It is also significant that  the bench said "police have not shed their colonial hangover despite six decades of independence and were still considered as a tool of harassment, oppression, and surely not a friend of public".

The above indictment should have a salutory effect on the police.

The court has directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the 9 point parameters (check list) provided under Section 41 of criminal procedure code".