False 498A Cases are on the rise
10 years ago

False 498A Cases are on the rise

Live Law  

As per information provided by the National Crime Records Bureau, a total of 10193, 10235 and 10864 cases of cruelty by husband or his relatives were found false or mistake of fact or law after police investigation during 2011, 2012 and 2013 respectively, showing a rising trend. Similarly, a total of 386, 339 and 482 cases of insult to the modesty of women, a total of 10193, 10235 and 10864 cases of cruelty by husband or his relatives were found false or mistake of fact or law after police investigation during 2011, 2012 and 2013 respectively, showing a rising trend. Similarly, a total of 386, 339 and 482 cases of insult to the modesty of women were found false due to mistake of fact or law after police investigation during 2011, 2012 and 2013 respectively, showing a mixed trend. Moreover, the victim of false case can also invoke Section 182 of Indian Penal Code which provides for imprisonment for a term which may extend six months or with fine or both.This was stated by the Minister of State for Home Affairs, Shri Haribhai Parathibhai Chaudhary in a written reply to a question by Shri Jagdambika Pal in the Lok Sabha today.

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History of this topic

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 4 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
1 week, 6 days ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
1 month, 2 weeks ago

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

Live Law  

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
3 months, 2 weeks ago

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

Live Law  

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. In this case, …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
3 months, 2 weeks ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law  

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering
5 months ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate the persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering
5 months ago

Supreme Court Warns Against Over-Implication of Persons in Domestic Cruelty Cases: Over-Implication Can Lead to Severe Suffering and Undue Suffering

Live Law  

The Supreme Court has expressed its dismay over the tendency to over-implicate persons and present an exaggerated version in Section 498-A IPC domestic cruelty cases. The bench observed that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
6 months ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months, 1 week ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months, 1 week ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages
10 months, 3 weeks ago

Section 498A dilemma: India's bid for modern justice should not gloss over concerns for women's safety in marriages

Hindustan Times  

The three new criminal laws are expected to turn a new leaf for criminal justice in the country. In 2023, there were nearly 22.8 lakh crimes reported against women, Of these, about 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, according to the data recorded by the ministry of statistics and programme implementation in …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
1 year, 2 months ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 5 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 10 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

Data | Was India safer for women in 2018?
5 years, 2 months ago

Data | Was India safer for women in 2018?

The Hindu  

Close to 3.78 lakh cases of crimes against women were recorded in 2018, the highest since gender-wise classifications were initiated in 1992 by the NCRB. Crimes against women over the years image/svg+xml In 2013, cases of crimes against women increased signifcantly 1995 2000 2005 2010 2015 4 lakh 3 lakh 2 lakh 1 lakh 79,037 3,78,277 Types of crime Under …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 4 months ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

Section 498A IPC : Recent Supreme Court Judgments
5 years, 9 months ago

Section 498A IPC : Recent Supreme Court Judgments

Live Law  

498A Complaints Can Be Filed At A Place Where A Woman Driven Out Of Matrimonial Home Takes Shelter In this case, three Judge bench comprising CJI Ranjan Gogoi, Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul considered the following question: "Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives …

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC
7 years, 2 months ago

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC

Live Law  

The Delhi Government, on Thursday, contended before the Delhi High Court that the act of marital rape has already been criminalized as cruelty under Section 498A of the Indian Penal Code and hence, there was no need for creating a new offence penalizing the same.Section 498A criminalizes a situation where a married woman is subjected to cruelty by her husband …

‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]
7 years, 3 months ago

‘Former Wife’ Not A ‘Relative’ Of Husband And Can’t Be Prosecuted For 498A IPC : Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court has quashed a case against the former wife of a man whose present wife had filed a criminal case under Section 498A IPC arraying her as well, as an accused.The complainant wife had alleged that her husband after getting married to her, went back to his divorced wife. The Gujarat High Court has quashed a case …

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse
7 years, 8 months ago

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse

The Quint  

But before we get into the numbers and figures, let us first understand what exactly Section 498A entails. Section 498A of the IPC basically deals with domestic violence and cruelty towards women by the husband or his family. – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished …

Cases of crime against women came down over last one year in UP, Bihar
8 years, 6 months ago

Cases of crime against women came down over last one year in UP, Bihar

Hindustan Times  

The latest data released by the National Crime Records Bureau will give the ruling Grand Alliance in Bihar something to cheer about. Bihar, often at the receiving end for bad law and order, recorded 13,891 cases of crime against women as per the NCRB 2015 data released on Tuesday against 15,383 in 2014. The latest NCRB stats for UP and …

Crimes Against Women Reported Every Two Minutes
9 years, 6 months ago

Crimes Against Women Reported Every Two Minutes

The Quint  

Assault on women with intent to outrage her modesty, earlier classified as molestation under Section 354 of IPC, is the second-most-reported crime against women over the last decade. Kidnapping and abduction of women is the third-most-reported crime followed by rape, insult to modesty of women and dowry death. Ten cases of cruelty by husband and relatives are reported every hour …

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