What is section 498A?
Section 498A of the Indian Penal Code states that any woman who has been harassed by her husband or a relative of the husband for fulfilling their unlawful and expensive demands of property or any such asset of value and because of that they have treated her cruelly. This section not only just talks about dowry but also protects those women who may be harassed and tortured to the point where they start either considering committing suicide.
Is there a time limit to filing of a 498A Complaint?
There is no time limit to filing of a 498A Complaint and it can be filed at any given time after marriage. However, it must be kept in mind that the complaint is filled within 3 years from the date of the alleged incident.
Does 498A also include mental cruelty?
Yes section 498A also includes mental cruelty and harassment.
Can a 498A complaint be filed against the women of the family?
Yes, the female members of the family (such as mother-in-law and sister-in-law) can be included in a 498A complaint. The said complaint can be made against even if the in-laws are residing separately so as long as they have been a party to the harassment and cruelty.
How is the arrest made in a 498A complaint?
After the complaint has been filed, there is a due investigation that is carried out by the police. As per the recent Supreme Court Judgement a designated police officer is appointed to a 498A complaint. Only after the due findings by the designated officer and upon satisfaction of the same can an arrest be made. Judgement
Can an arrest happen without any prior intimation to the accused?
Yes, considering that 498A is a cognizable offence, the arrest can be made by the police officer post investigation without asking for a statement from the accused party.
How can we protect ourselves is such a case?
The accused can approach the Magistrates from an Anticipatory bail in order to prevent such an arrest.
What is section 406?
Section 406 or criminal breach of trust is the section of the Indian Penal Code which protects the woman’s rights over her Stridhan.
What do you mean by Stridhan?
Stridhan refers to a woman’s property acquired by her prior to her marriage, during or after her marriage. Therefore, in the event that anyone be it her husband or her in-laws at any given point of time try to take the said articles/ gifts away from the woman and keep them, try to use it without her consent or try to sell it off without her will, then the woman who is affected by it can make use of this section. Stridhan
Can the female members of the family be a party to the 406 complaint?
Yes the female in-laws can be a party the said complaint.
Is 406 a bailable offence?
A proven complaint under section 406 is a non bailable and cognizable offence and protection from the same again can be taken in the same way as in case of a complaint under section 498A.
What are the proofs required for proving a 406 complaint?
There must be proof of existence of the said Stridhan and handing over or forceful taking away of the said Stridhan.
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