What is the conviction rate in 498A cases?
Another disturbing fact was that while the rate of charge-sheeting in cases under section 498A of IPC was as high as 93 per cent, the conviction rate was only around 15 per cent, which is the lowest across all heads.
What is the maximum punishment for 498A?
India Code: Section Details. [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.
Is 498A still valid?
Actually, no one can win section 498A. It can only be defended. So if one gets acquittal in 498A, that itself is not a ground for divorce. Only if it is proved and mentioned in the judgment that the said 498A case was false and malicious, one can seek divorce on that ground.
How long does a 498A case take?
Answers (1) In Baruipur court the average time span of a 498A case is not less than 5-7 years. The general time gap between 2 dates is 3-4 months. No, only sessions triable cases are tried in Fast Track court.
Who has burden of proof in 498a?
Hi, in your case burden lies on your wife to prove her allegations. 2. Normally better you must engage the advocate and he will cross examine the witness in a such a way that it will not harm to your interest. 1) burden of proof is on prosecution .
What is the end of 498a case?
Section 498a punishment may state that if a husband or relatives/family of the husband are found to subject the wife to cruelty, then they will be imprisoned for a jail term of three years with a liability to fine.
How do I beat the 498A case?
File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.
What happens if 498A is proved?
Scope of Section 498A
Section 498A[2] reads out as “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”.
Who has burden of proof in 498A?
Can 498A be filed without evidence?
the State of Maharashtra (2002), the Supreme Court held that Section 498A makes it clear that there must be a series of events or acts in order to be harassment under this Section. Moreover, there must be some cogent evidence to bring home the charge under this Section.
Can 498A case be dismissed?
2. You can file a case for harassing you by filing false case against you which will be easier for you to prove with the court order dismissing the 498A case. No it cannot be withdrawn as it is not an offence which is permitted to be withdrawn.
How do I settle my 498A case?
There is no procedure for settlement of 498A out of court. You have to file a writ in the High Court for that, Section 482 Code of Criminal Procedure, 1973 is not applicable as under that Section court has no power, but under writ jurisdiction High Court can record compromise. Khula can be settled by one time alimony.
What proof is needed for 498a?
The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.
What happens if 498a is proved?
What happens after wife files 498a?
What proofs are required for 498A?
Is Counselling mandatory for 498A?
In reality, there are no Supreme Court rules about counselling before filing a 498A case.