ARTICLE WRITING IPC 498A -

 

Cruelty of a Women Section 498a was introduced in the year 1983 and it was whole about to protect married women from cruelty by the husband or the relatives. The cruelty defined in this section and it states that includes physical and mental harm to women's body or health and it also includes mix in acts of harassment with a view to meet any unlawful demand for any property or valuable security. The punishment has defined in this section extending to 3 years and fine. INDIAN PENAL CODE,1860 Section 498A - When women harassing or cruelty by husband or his relative. Whenever Women tolerate crulety by his husband or his relative he shall be punished under section 498A of cruelty extending to 3 years and he shall also be liable for fine. What is the meaning of cruelty? A) According to section 498A cruelty means when women suffered harassing or crulety which is painful or harmful or bad and cause to commit suicide or to injury or danger to life of the women that is called cruelty. B) Any harassment of the women where such harassment to her or to meet any unlawful demand for any property or valuable security or any failure by her to meet or any to meet such demand. Classification of Offences This offence is a cognizable offence that is person can arrest without any warrant so, if the information relating to the commission of the offence is given to an officer- in- charge of a police station by the person aggreived by the offence or by any person related to her blood, marriage or adoption but if there is no relative of women the public servant belonging or help to that women on the behalf of the state governments. It is also known as non- bailable offence. Who may file a complaint? A complaint filed under section 498A by the women who will suffer the cruelty or harassing and if the women will not be able to filed a case any relative person can filed the case on behalf of women and if there is no relative then the public servant may be notified or help her on the behalf of the state governments. Complaint under section 498 A - Period of Limitation According to section 468 of crpc a complaint can be filed under section 498 A within 3 years of the allegation incident. Section 473 of crpc states that the court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice. Objective and Caution According to section 498 A When women suffered crulety or harassing by husband or his relative at the purpose of dowry deaths or any other reason. But the provision was not introduced as a device in this case and the famous case was Onkar Nath Case vs State of Delhi (2008) 2 SCC 561.

 

Name - Yathaarth Raj Khurana
College - Chanderprabhu jain college of higher studies and school of law

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