How to prove Section 498-A charges?

Hope through this three episode series you would have added number of cases to ur kitty as it would have increased ur goodwill. :)

Sh Prabhakar,

Good but a very soft post.


I have courage to ask you : Do you believe in it ?

very challenging work. should get  nobel prize.

Thank you Mr. Prabhakar. A very well written piece in lucid, non jargon  language. Combined with earlier parts, it makes a sort of booklet and will be very useful for disseminating this  information.

Nearly 5 crore married women in India are victims of domestic violence (DV). Only 0.1% (1 out of 1,000 DV cases) of these are being reported. Out of 100 cases that are ordered for investigation under 498A, only in 2 cases does the accused get convicted.

In a majority of the cases before a victim filed the complaint under Section 498A, the minimum period she suffered physical and mental torture, was for about three years. The trial process is quite lengthy and the proportion of pending cases is quiet high . In the cases tracked, the normal trial period was between five to ten years.

It was found that it was difficult to prove physical and mental torture. In all the eight cases in which the accused were acquitted, the victims were found to have suffered physical and mental torture, but as there was not enough evidence to prove torture, the accused were let off.

We cant have a seperate education system for the very intelligent or dumb and we cant make seperate laws for everyone..but still the court takes into consideration the social background and mentality and religion and what are the norms in those type of people before they reach a conclusion .

When you are in India be like an indian and follow the beautiful indian family culture(as per religion) and donot be so advanced to reach to ancient stage of cloth less wearing life of eve on the name woman liberalisation. I feel very sad how nasty photos are shown in papers about women wearing minimum clothing(foreign ladies and some of indian models), I surprise why that there is no woman or woman writer opposing this degradation of women staus of our country. Instead further blind argument to provide women economic liberalisation. This will lead a woman status to a unrepairable face value. I feel it is very jiddy attitude of some women who donot have any goal for the benifit of society. Please visit once to civil courts and criminal courts and observe how many false cases are filed against their husbands and in Laws and how these innocent women are feeling aloof in the society along with small kids. women are being encouraged by these laws to file cases against their husbands and thereafter, these organsations will not help them after ensuring the friction created between husband and wife.

problem is real victims not getting convicted. courts full of pseudo cases. ipc 498 a shud be amended. all cases of so called mental torture etc be removed.

cases with proofs of physical violence and burning/ murder be assigned to fast track court like TADA court . and accused be hanged to death minimum.

more over we have legal terrorist training camps.... opps articles here for commercial benefit .they wont even mind adding 498b for hubbys protection, so that they can earn from both sides.

Dear Prabhakar,  thanks so much for your  guiding article. it was very useful as  i am myself completely lost after what will be the fate of my complaint and FIR.   i have posted a query on this forum

https://www.lawyersclubindia.com/experts/kindly-guide-on-498a-and-Domietic-voilence-171961.asp

why arrest was not made after the FIR was launched under the section a

and meanwhile the prime accused and  the secondary ones both applied for anticipaotry bail and got the same. the section is non bailable offence as it is mentioned, then why inspite of all the troture and after the MLC report why was arrest not made.

 what happens to the accused wonce the fIR has been launched as ima completely at lost as the IO and SHO didnot arrest when   all  the  4 accused (my husband , his parents and sister) had filed for Antipiatory bail.

i donot if our s are strong enough to convict a culprit who has commited brutual cruitlity agaisnt  hsi wife just for the sake of money considering her a golden gooose who could bring from her aprents home,  earn and act as an atm machine for her husabnd and his family.

there are more queries but i will wait till hese two are nawered sensibly.

https://www.lawyersclubindia.com/forum/Family-suicide-thanks-to-DIL-34122.asp

PLEASE ALSO READ THE ABOVE.

Dear Saba. Honble High Court has given strict orders to Delhi Police that no arrest should be made under section 498a without permission from DCP. Such order came because nearly 95% FIRs relating to dowry demand are false and concocted stories and honble court has also observed that this socially beneficial tool has become legal terrorism mechanism. Moving a step ahead the law ministry is going to amend 498a IPC and they had already put it on their website. The basic understanding is that this law had proven to be family breaker and livelihood looser (govt job goes if person arrested). Once FIR is filed and arrests are made, no chances are left for reconciliation. Thats why there is order from Delhi High Court that first there should be counselling and mediation efforts by CAW Cell and no FIR should be lodged directly. Today if any FIR is lodged directly without counselling and mediation efforts, the fate of that FIR is also to be quashed. Hope you must have got answers of your query.

Regarding your personal case, i have a query that what do you want? Do you want to live with your husband or want to take divorce? This question is very crucial in shaping any prosecution effort.

Ur late dear sara  for the anwer.. god help u and likes of yours who might be the victims too in near futture so misguiding saome one as amuslim that too in the month of rmazan is not a good deed. take care and mind ur anwers next time

Respected Saba Ma'am I feel really sorry if you felt offended by my reply. I am not a professional lawyer who are always in search of fishing a client here. I am a legal researcher doing phd on gender and law and my reply was based on the statistics and judgements given by Honble High Court. Generally we call these laws IPC 498a, 493, 376 and DV Act as gender biased laws in our research. These laws are needed to be made gender neutral as cruelity and domestic violence can be afflicted on man also. Similarly there are instances in our society where elder women rape minor boys but no law exists to punish them.

And please hesitate from making personal religious comments on any individual in a professional debate. I sympathize with you for any mental agony in which you are living and pray for your good life. However if you need any assistance please do contact me in future.

great information