Category: 498A

Will try to cover all about section 498A IPC which deals with dowry, cruelty and its remedies.

The new provision of 498A in BNS ?

THE BHARATIYA NYAYA SANHITA, 2023 has section 85 and 86 which are corresponding to the old Indian Penal Code.

The same is reproduced here for speedy reference :

  1. Whoever, being the husband or the relative of the husband of a woman, subjects
    such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
  2. For the purposes of section 85, “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 woman; or
    (b) harassment of the woman 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.

Anticipatory Bail in 498A IPC

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Even though the 498A of Indian Penal Code is a non-bailable offence, it does not bar any person from seeking an Anticipatory Bail from it.

Usually, in a case 498A, the main Accused in the FIR are the Husband and his near family.

Anticipatory Bail i.e. pre-arrest Bail, can be sought by any Husband and/or his relatives against whom a FIR is lodged or if they are of information that the FIR is already lodged then they can apply for Anticipatory Bail under section 438 of Criminal Procedure Code.

This Anticipatory Bail can be applied in any District or Sessions Court within the jurisdiction of that Police Station.

Bare Section of 498A

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Section 498A of Indian Penal Code

Husband or relative of husband of a woman subjecting her to cruelty.

1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty means”—

(a) anywilful 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 woman; or

(b) harassment of the woman 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.]