Advocate Alpa Jogi is considered to be one of the best 498a Advocate in Ahmedabad.
Section 498A was inserted in the IPC in 1983 by the Criminal Law (Second Amendment) Act, 1983. This section aims at preventing torture to a married woman by her husband or her relatives and to punish them for harassing her with the purpose of coercing dowry. Before 1983, harassment of a wife by her husband or her in-laws was covered by the general provisions of the IPC dealing with assault, hurt, grievous hurt or homicide.
IPC 498a States that
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. Explanation for the purpose of this section, cruelty means
(a) any wilful 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
(b) 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.
Essentials of Section 498A
There are some essentials that are required to be fulfilled to attract this Section. These are stated below:
1. Married woman: The woman must be married. This section has been inserted in order to protect women from unruly and cruel behaviour (in most cases, in her marital home) from her husband and/or her in-laws
2. Cruelty or harassment: That woman must be subjected to cruelty or harassment. Cruelty can have a very wide meaning. Even demand for dowry can be a part of cruelty.
3. Husband or relatives of husband: Such cruelty of harassment should have been shown either by the husband or the relatives of the husband, or both.
Examples of Cruelty covered under Section 498A:
Cruelty by persistent demand for dowry
Cruelty by false and vexatious litigation
Cruelty by depriving and wasteful habits
Cruelty by extra-marital relations
Harassment and cruelty for non-dowry demands
Cruelty by non-acceptance of girl child
Cruelty by forcing wife to take sex-determination tests
Cruelty by false attacks on chastity
Cruelty by taking away children
Cruelty by hitting or beating or physically hurting the wife (under or not under the influence of alcohol)
Punishment under Section 498A of the IPC
A crime under Section 498A is a serious one and can entail serious punishments of imprisonment and fine. According to Section 498A, if the husband of a married woman or any relative(s) is/are accused of subjecting that woman to cruelty or any mental or psychological act that amounts to harassment, shall be sentenced to imprisonment or jail time that may extend to three years and also liable to fine.
Alpa Jogi is a prominent and very experienced 498a Dowry Advocate in Ahmedabad and is considered to be one of the best 498a Dowry Lawyer in Ahmedabad . You can consult Advocate Alpa Jogi for your matters related to 498a Dowry Case and expect best and honest services from our side.