How to fill case under Section 498A of the Indian Penal Code 

• Women or family members of the women who face any type of cruelty can connect to the nearest police station and file a complaint. Women must provide details of the incident in the complaint, like cruelty, dowry harassment, or any physical abuse, as well as mention the intensity of the abuse and the timeline of incidents. Our firm’s lawyers help victims to register the FIR (First Information Report) under Section 498A of the IPC.

• Once the complaint is registered, police start investigations, collecting evidence, speaking to the witnesses, and checking the physical and mental conditions of the women. In the investigation, if they find the accused are guilty of cruelty, then they add a charge on the accused under Section 498A. 

• Once the police found the accused was guilty under this section, they immediately arrested the accused without a warrant. This provision is sometimes misused by women, and an innocent person is arrested immediately, but this also provides immediate protection to the women in case of serious danger or threat. 

• Once the investigation is completed, the case will be presented in magistrate court, and court proceedings will begin. The magistrate first checks the evidence and decides if this case is genuine or not or whether the case should proceed to trial or not. 

• The magistrate hears the arguments from both sides and also provides an opportunity for the accused to defend himself, present their arguments and evidence. After hearing arguments from both parties, if the magistrate finds the accused guilty under Section 498A of the IPC, then he will be punished accordingly. 

• Our firm’s lawyers help you to present your case in front of the magistrate efficiently if you are the complainant in the case. As well as our lawyers helping you to defend your cases in the court with the same potential if you are defendant in the cases. 

What is the punishment available for offenses under Section 498A of IPC

As per this section, a person can be arrested without a warrant, and it is a non-bailable offense, the accused can not apply for bail immediately after the arrest. 

Imprisonment 

Under this provision, the accused can face imprisonment for up to five years; it can be extendable because it depends on the intensity of the offenses.

Fines 

The accused not only faced imprisonment but also faced a fine; the court imposed a fine on the accused. The fine amount is a minimum of Rs. 15,000 or the value of the dowry, whichever is higher.

Social consequences 

Fines and imprisonment are the legal punishments faced by the accused, but the accused also face long-term social and personal consequences, like damage to reputation and social stigma. 

Which defences can be used by accused in against the a 498A IPC case

In the previous few years we noticed women misuse this provision, which is harmful for society because this provision’s aim is to safeguard the rights and dignity of the women. So if you are accused in this case and want to hire legal help in Noida for efficiently defending your case in court, then choosing the Right To Law firm is the best option for you. Our lawyers have years of experience in handling the cases where women misuse their rights and make fake allegations towards their husbands. Our lawyers do the detailed study of your case and make strong arguments by using facts of your case to defend you in the court. 

Let’s see some common reasons use as defence in the court against Section 498A of the IPC

• The accused can argue in court that these allegations are fake and created with malicious intent by wife. To  take revenge for personal disputes that husband has with wife and the wife’s family. 
• The accused can argue that there is no cruelty or dowry-related harassment happening in the marriage. The behavior mentioned by my wife as cruelty does not contain any abuse or harassment. 
• The accused can argue in the court that evidence presented in the court is not sufficient to prove cruelty or abuse or that it is fake evidence presented by the opposite party in the court. In that process includes questioning on the genuineness of the evidence, medical reports and other evidence were presented in the court by the prosecution. 
• There are many cases seen in court where women use this provision just to gain benefits from the divorce or property settlement.

Which legal services are provided by Right To Law Firm in Noida for cases related to Section 498A of the IPC/section 85 of the BNS?

• Our firm’s expert lawyers first do a detailed study of your case, understanding the facts and evidence, and then make the best legal strategy for your case. As well as our lawyers, help the clients to collect evidence, like medical reports, witness statements and other relevant evidence.
• Our firm’s lawyers provide complete guidance to the clients about the legal process. Like how to file the complaint to represent the client in the court with full potential. They take care that their clients rights are not hampered at any stage in this process.  
• Other than legal help, our firm lawyers also provided emotional support to the client; most commonly in this case, the client needed counseling in this traumatic phase. Our lawyers guide clients to counseling to help them deal with the stress and anxiety in this legal process. 
• Our lawyers provide nonjudgmental support to the client; they make you feel safe and secure so that you can tell every detail of your case freely. Whether it’s husband or wife, we provide nonjudgmental support to both parties. 

Frequently Asked Questions