IPC Section 498A: Husband or relative of husband of a woman subjecting her to cruelty

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.

Explanations

  1. For the purposes of this section, “cruelty” means:
    1. any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
    2. 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 or is on account of failure by her or any person related to her to meet such demand.

IPC Section 498A: Simplified Explanation

IPC Section 498A deals with “Cruelty by husband or relatives of the husband.” This section was introduced to protect women from being subjected to cruelty by their husbands and their husband’s relatives. The cruelty can be both mental and physical, and the law is specifically aimed at preventing dowry-related harassment and other forms of domestic abuse. 

Cruelty, as defined in this section, includes any will full conduct that is likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health (both mental and physical). It also covers harassment with the intent to coerce her or her relatives to meet an unlawful demand for property or valuable security. 

Is IPC Section 498A bailable? 

IPC Section 498A is non-bailable. This means that the grant of bail is not automatic but is at the court’s discretion. The non-bailable status reflects the seriousness of the offence and its potential impact on the victim’s well-being. 

IPC Section 498A punishment 

The punishment for an offence under IPC Section 498A is imprisonment for a term extending to three years and liable to a fine. The section aims to deter the harmful practices and abuse that women may face in marital settings, particularly about dowry demands. 

Example of IPC Section 498A 

A real-life example of IPC Section 498A could involve a case where a woman was subjected to constant mental and physical harassment by her husband and in-laws over dowry. The harassment escalated to the point where the woman was physically assaulted and threatened with dire consequences if her family did not meet the increasing dowry demands. The woman or her family eventually filed a complaint under Section 498A, leading to legal action against the husband and his relatives involved in the cruelty. Such cases highlight the protective intent of this law against domestic abuse and dowry harassment.

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