IPC Section 498A Misuse motive

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IPC Section 498A:

Section 498A was inserted into the Indian Penal Code in 1983 via an amendment.

It reads:

    498A. Husband or 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 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 purpose of this section, "cruelty" means-

    (a) Any willful 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 meet such demand.

In 2005, the Supreme Court of India upheld the constitutionality of section 498A in response to a public interest petition asserting that the law could easily be abused with frivolous complaints. In 2010, Indian Parliament set up a committee (headed by Shri. Bhagat Singh Koshyari) to investigate misuse of this law.

Motives for filing a 498a case

Getting prepared for a 498a case

           1. http://en.wikipedia.org/wiki/Dowry_law_in_India
           2. 498a.co.in/

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