Frequently Asked Questions

Check out some of the common questions

FAQs: Is 498A IPC Bailable or Not?

Q. What is the ground of arrest under section 498A?

A. Since 498A is a cognizable offence, a police office may make an arrest if he receives a complaint which shows to fulfill the ingredients of 498A, which are cruelty done to a wife by husband or/and his relatives.

Q. Is 498a ipc bailable or not ?

A. The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable and non-cognizable offence. Bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left.

Q. How long does a 498a case run?

A. Many People ask on forum to how long does a 498a case run and they have no idea that how long does a 498a case run so we can clear that If you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.

Q. What steps can be taken against wife and her family for filing a fake 498A case?

A. If the case is found to be false in investigation or after trial a case under section 182 can be filed apart from filing defamation case.

Q. What is the bail procedure in 498A Bail?

A. As soon as you learn about the police complaint against you under section 498a, contact a good lawyer to apply for pre-arrest notice or notice bail, and anticipatory bail in 498A Bail.

Q. What is the need of section 498a of IPC?

A. Section 498A was brought into the IPC in the year 1983 to curb the menace of cruelty to married women, which often led to dowry deaths.

Q. Is 498a of IPC ” Anti- Social”?

A. There has been misuse of this section by disgrntled wives and measures must be adopted to prevent harassment of huband and his relatives.

Q. What is cruelty under section 498A of IPC?

A. Any willful conduct which can drive a woman to suicide or cause injury and harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security.

Q. What is the difference between section 498a of IPC and section 4 of Dowry Prohibition act?

A. Section 498A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.

Q. What are the goals and aims of section 498a IPC?

A. Section 498A of IPC aims to protect the woman from the harassment and cruelty that she is subjected to by her in-laws.

Q. What is the difference between 498a and domestic violence case?

A. If anybody practices cruelty, or demands the dowry, the person would be accountable to be prosecuted criminally for an offence under Section 498 A. “Victim” in DV can approach the Magistrate with an application complaining of Domestic Violence. Victim can ask for various reliefs mentioned in the provision. The reliefs can be like maintenance, shelter, custody of child etc.. Court may pass sentence as well.

Q. What is the procedure of arrest under section 498a?

A. Call the accused to join investigation by sending notice under CrPC 41(A), If the accused is not co-operating/ custodial interrogation is necessitated, a permission is sought from concerned DCP for arrest of that person. In normal circumstances permission for arrest of husband only is given by DCP.

Q. What are the ingredients of section 498a ?

A. For commission of an offence under Section 498-A, following necessary ingredients require to be satisfied: (a) The woman must be married; (b) She must be subjected to cruelty or harassment; and (c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.

Q. What are the counter case available against false/ fake 498a ?

A. 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.