As per the provision of Section 498A of the IPC, imprisonment of a period of three years and fine shall be sentenced to a husband or his relatives found guilty of committing cruelty to the woman". The offence committed under this section is a cognizable, non-boilable, non-compoundable offence in India. However, women who understand the use of this provision in some cases, misuse it against their husbands for mental, physical, psychological or any other kind of matrimonial cruelty.
Since the independence of the country, many provisions of the law have been made to ensure the upliftment and protection of the rights of women. However, various voices have been raised for the past few decades by various sections of society against such biased laws. It could be observed that these laws, sometimes, do not protect or acknowledge the abuse done to men when compared to women. Many times men have to face fake cases, which affect them not only on mental or financial terms, but also affect their reputation in society.
Protection against Section 498A IPC-
The steps mentioned below could be followed in case the provision of Section 498A is misused by a woman threatening to file a false case against you for some personal interest-
All evidence and documents- One of the most important step while proving a false accusation would be to gather substantial evidence explaining the details related to the case filed under Section 498A. These evidences may include-
· SMS, e-mails, letters, call recordings, etc. related to any conversation with the woman and her relatives with you or your family members..
· Evidence which could help you prove that the woman left the house on her own, willingly.
· Evidence proving that no dowry demands were made either before or after the wedding.
Anticipatory bail- if you have reason to believe that your wife can file a false case against you under Section 498A of the IPC, it shall be favourable to hire experienced Lawyers In Delhi which could help you get an anticipatory bail, so as to prevent any arrest being made against you or your family members. An application for anticipatory bail could be filed under Section 438 of the CrPC.
Have the FIR filed under Section 498A quashed- As per the provision of Section 482 of the CrPC, if you have sufficient proof you could get a false FIR filed under Section 498A of the IPC quashed by the respective court.
You may file an FIR against your wife for filing a false FIR- A case could be filed against your wife or the woman in question for blackmailing or filing a false 498A case against you. For this, you are advised to seek the assistance of experienced Lawyers In Ahmedabad, so as to help you draft the complaint such that the police do not have any grounds to deny filing your complaint.
Defamation case against false 498A case- You also have the option of filing a defamation case against your wife for maligning your image by filing a false 498A case against you.
Legal Provisions which could be used against such false complaint-
Though there is a lack of legal protection against Section 498A of the IPC, various other legal provisions could be helpful in a situation where you wish to file a counter case against your wife. These are-
· A case can be filed under Section 120B of the IPC against your wife, if you have reason to believe she is conspiring against you.
· If false evidence are being produced against you in the court, you have the option to file a case against your wife under Section 191 of the IPC alleging that you are being wrongfully framed.
· As per Section 500 of the IPC, a defamation case could be filed against your wife.
· In case you are being threatened by your wife to harm you or your family, under Section 506 of the IPC, you may gather the evidence for the same and present it to the court.
· In case a false complaint is registered against you, you may file an application under Section 227 of the IPC, stating the same.
Conclusion-
The provision of Section 498A of the IPC was introduced to ensure a safe haven for women in the country, however, the increasing misuse of the same section has made society realise that a provision for protection could also be misused for selfish purposes. In case you are facing the same situation and are a victim of similar circumstances, it is advised that you seek proper legal assistance so that your rights could be protected without further harm.
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