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Misuse of section 498A by Wife

What is Section 498a?

According to the Indian Penal Code’s section 498a, ‘Husband or relative of the husband of a woman subjecting her to cruelty, shall be subject to imprisonment for a term of 3 years and shall also be liable for fine.’ This section was included in the year 1983 to protect married woman from harassment which is related to dowry or from cruelty by her husband or the relative of her husband. The matrimonial cruelty includes all types physical harassment, mental torture to name a few. So, such laws safeguard the married women from continuous force, torture, abuse or threats for unlawful demands by their husbands or his family members. It is a cognizable, non-compoundable offence and non-bailable offence.

Misuse of section 498A

As per Section 498A of IPC, “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.”
Under the provisions of Section 498A, the accused can be arrested immediately by the police without conducting any preliminary investigation. A wife can file a criminal complaint against the husband and his family on the basis of cruelty done by them.



How to protect yourself?

A man who is falsely accused under section 498a can file countersuit under various sections of various laws. It depends on the facts, for instance:
• A counter suit can file by a man for defamation under section 500 of the Indian Penal Code. Such a case be filed if a woman tries to malign the image of her husband or his family members by falsely accusing them.

• In case a man finds that his wife is criminally conspiring against him or his family members then he can file a case under section 120B of the Indian Penal Code for criminal conspiracy.

• In case a man comes to know that the evidence which is being used against him is false, he can allege that he is being wrongfully framed under section 191 of the Indian Penal Code.

• If a man believes that a false case under section 498a has been filed by his wife against him or his family members, he can file counter lawsuit under section 227 of the Indian Penal Code for violation of condition of remission of punishment.

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498a false case percentage
Evidence required to prove 498a
Latest supreme court judgement on 498a 2021
498a new rules 2020
Maximum punishment in 498a
Counter case against false 498a in bengali
False 498a case punishment
False 498a case judgement

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