Section 498A IPC deals with cruelty by a husband or his relatives towards a married woman. It is a non-bailable, cognizable offense, meaning the police can register an FIR and initiate an investigation without prior court approval.
Cruelty includes:
- Any act causing grave physical or mental harm, leading to danger to the woman’s life, limb, or health.
- Harassment for dowry demands, including threats, physical abuse, or mental torture.
The primary accused is the husband, but his relatives (such as in-laws, parents, or siblings) can also be booked under the section if they are involved in cruelty or harassment.
Following the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014), the police must:
- Conduct a preliminary inquiry before arresting the accused.
- Not arrest the accused automatically upon receiving a complaint.
- Issue a notice under Section 41A CrPC to appear before the police.
Yes, an accused can apply for anticipatory bail under Section 438 CrPC to prevent arrest.
Yes, courts often suggest mediation to resolve disputes between the parties, especially if the complaint appears to be driven by matrimonial discord rather than serious abuse.
Yes, if a case is false, the accused can:
- File a quashing petition under Section 482 CrPC before the High Court.
Once an FIR is lodged, the case cannot be withdrawn by the complainant directly. However, both parties can approach the High Court under Section 482 CrPC for quashing of the FIR based on a mutual settlement.
- The woman (or her family) can file a complaint at the local police station.
- The police will register an FIR (First Information Report) and investigate the matter.
- If the police find sufficient evidence, they can arrest the accused and file a chargesheet in court.
