498-A IPC
Object: To protect the married women from being subjected to cruelty by husband or his relatives.
Definiation
Husband and relative of husband of a woman subjecting her to cruelty – whoever, being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Cruelty means: – (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the women or
(b) harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
What are the ingredients?
- the women must be married
- she must be subjected to cruelty and harassment
- such cruelty and harassment must have been inflected by her husband or relatives of her husband.
* can a women in a live-in-relationship take the benefit of 498-A IPC?
In Unni Krishnan Vs. State of Kerala, 2017 SCC the Kerala High Court held that for an offence under 498-A IPC to be committed, the parties must have undergone some sort of ceremonies with the object of getting married. In that case, the parties did not perform any ceremonies and were just living together. Hence it was held that women in a live-in relationship was not entitled to file a complaint under this section.
* even a second wife can take the benefit if this section.
Who can file a complaint?
The complaint under this section may be filed by the the aggrieved women or any person related to her by blood, marriage or adoption. If there is no such relative, then by any public servant as may be notified by the state government in this behalf.
What is the limitation period to file a case?
According to section 468 of Cr.pc a complaint alleging the commission of an offence under section 498-A IPC can be filed within 3 years of the alleged incident. However, section 473 Cr.pc enables the court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary to do so in the interest of justice.
How to file a complaint:- the aggrieved women, or her relatives by blood or adoption can file a complaint in the nearest police station or approach the appropriate court through a formal complaint.
ABHISHEK SINGH VERSUS STATE OF M.P
In the said case a lady approached a police constable to find her missing hunband who went away with their son. Later the said lady and the police constable got married. Later disputes arose between them and the lady filed a complaint for the offence under section 498-A IPC.
Challenging the same the police constable moved the court contending that he was told by the lady that she was unmarried and that he found out that she is already married, hence their marriage is viod ab initio and therefore, the office under section 498-A IPC was not made out and hence he asserted that the criminal proceedings against him must be dismissed.
The Madhya Pradesh High Court observed that the provision under section 498-A IPC covers not only valid marriage but other forms of marriage as well. And further commented that the though it is an admitted position that the lady was already married and had a living spouse. However, there is no indication of word ‘valid marriage’ in section 498-A IPC. The language used therein is ‘husband or relatives of husband’. These words not only rope in those who are validly married but also who has undergone some or other form of marriage and thereby assumed for himself the position of husband. The court noted that the provisions of the said act does not distinguish between a valid marriage and otherwise. Hence the petition for dismissal of the 498-A IPC case was dismissed.
* it is a continuing offence
Sec 113-A of Indian Evidence Act: Presumption as to abetment of suicide by a married woman – when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband and relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Misuse of Section 498-A IPC
In 2003 the state of Andhra Pradesh may 498-A a compoundable offence.
Other Laws enacted to protect women from violence:
- Protection of women from domestic violence act, 2005.
- Dowry prohibition act, 1961.
- Sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013
- Section 376 IPC – dealing with punishment with rape
- Section 376 IPC – dealing with criminal assault or use of criminal force against women with intent to outrage her modesty.
- Section 354 A – dealing with sexual harassment
- Section 354 D- criminalizing stalking
- Section 509 – dealing with words, gestures or acts intended to insult the modesty of a women.