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Jul 113 min read

What To Do If False 498a Is Filed Against My Son ?

According To Indian Criminal Code Section 498a, A Woman Who Is Subjected To Cruelty By Her Husband Or A Family Member Of Her Spouse Is Subject To A Three-Year Prison Sentence As Well As A Fine. Because Of The Numerous 498a Cases That Have Garnered Notice, Society Is Fully Aware Of The Ipc's Punishments For Violating This Section. But As Of Today, A Woman In India Has The Right To File A Complaint Under Section 498a Of The Ipc If She Feels Harassed Or Harmed By Her Husband On The Basis Of His Behavior. Due To The Fact That It Is A Cognizable, Non-Bailable, And Non-Compoundable Offenses, Every Woman In India Is Aware Of Its Application And Regards It As A Weapon Against Any Kind Of Matrimonial Cruelty. India Has Enacted And Changed A Number Of Laws To Protect Women During The Past Seven Decades, All With The Express Purpose Of Advancing And Defending Indian Women's Rights.

However, Several Activists Recently Condemned Such Discriminatory Legislation And Suggested That Harassed Women Seek A Divorce In India. Over The Past Few Years, There Has Been An Obvious Rise In The Incorrect Use Of Section 498 Of The Ipc As Well As The Quantity Of Fraudulent 498a Cases.


Ways To Guard:


A Man May File A Countersuit Under Various Provisions Of Numerous Statutes If He Is Wrongfully Accused In Line With Section 498a.  Depending On The Circumstances, For Instance:


  • Section 500 Of The Indian Criminal Code Permits Men To File Counterclaims For Slander. A Case May Be Made Against A Woman If She Makes False Accusations About Her Husband Or A Member Of His Family.

  • A Man May File A Criminal Conspiracy Charge Under Section 120b Of The Indian Penal Code If He Learns That His Wife Is Conspiring Criminally Against Him Or His Family Members.

  • If A Man Discovers That The Evidence Being Used Against Him Is False, He May Assert That He Is The Subject Of An Unauthorized Prosecution Under Section 191 Of The Indian Criminal Code.

  • A Man May Bring A Countersuit Under Section 227 Of The Indian Criminal Code For Violation Of The Condition Of Remission Of Penalty If He Believes That His Wife Has Erroneously Brought A 498a Complaint Against Him Or His Family Members.

  • Under Section 506 Of The Indian Penal Code, A Counter Complaint May Be Made If A Wife Makes Threats Against Her Husband Or His Family.

  • Gather All Supporting Documentation: The First And Most Important Step In Disputing An Assertion Is To Compile All Supporting Evidence That Adequately Highlights The Nuances Of The 498a Case. Any Interactions Between The Wife And A Relative Of The Husband, Or Any Correspondence Between The Wife And Her Family Members, Including Sms, Messages, Letters, Call Logs, Etc., Should Be Inspected And Compiled As Much As Possible.

  • Any Evidence That The Spouse Left On Her Own Accord

  •  Any Evidence That Money Wasn't Demanded Either Before Or After The Wedding

  • If The Husband Believes His Wife May File A Police Report In Accordance With Section 498a, He May Have A Criminal Defense Attorney Get An Anticipatory Bail To Prevent Both His Detention And That Of His Relative. An Anticipatory Bail Is Similar To A Reasonable Bail That Prevents An Arrest. According To Section 438 Of The Crpc, Either Spouse May Enter A Plea For Anticipatory Bail.

  • Dismiss 498a Fir: In Accordance With Section 482 Of The Code Of Criminal Procedure, Either Spouse May Ask The High Court To Throw Down The Fake 498a Fir. If There Is Sufficient Proof, The Courts May Dismiss The Fictitious 498a Fir That The Spouse May Have Submitted, Even If They Are Frequently Reluctant To Contact The Police After A Fir Has Been Filed.


Once The Lawsuit Has Been Filed In Delhi, Divorce Lawyers In Delhi May Be Assigned. Moreover, Divorce Lawyers In Hyderabad May Be Hired If The Case Has Been Filed There. Family Lawyer In Delhi Can Also Be Appointed.


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