Response

No it will not effect to your job. As what you have to do is to keep yourself present before each authority and to furnish bail bond in court if case gets register. As there is no provision of arrest in above sections. Registration of 498 A case Or domestic violence case will not affect your job until you remain frequently absent from your work due to filing of these cases. Even otherwise you may contest all these cases.

Section 498A of IPC came as a significant addition to the Indian Penal Code, 1860, which was introduced in 1983 to safeguard the rights and empowerment of women. Under Section 498A of the Indian Penal Code, extortion of any form of property by subjecting a woman to cruelty is punishable. The Government of India amended the Indian Penal Code, 1860 (IPC) by way of the Criminal Law (Second Amendment ) Act, 1983 on 26 December 1983, and inserted a new Section 498(A) under Chapter XX-A, Of Cruelty By Husband Or Relatives Of Husband.

The word ÔcrueltyÕ has been described in broad terms so as to include causing physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable protection.

The section was enacted to deal with the threat of dowry deaths. It was implemented in the code by the Criminal Law Reform Act, 1983 (Act 46 of 1983). By the same Act, Section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by a married woman. The main aim of the I.P.C section 498-A is to shield a woman who is being abused by her husband or husbandÕs relatives.

Harassment for dowry falls within the sweeping of the SectionÕs latter limb and creating a condition that pushes the woman to commit suicide is also one of the ingredients of ÔcrueltiesÕ. It states that if such a woman is subjected to cruelty by a husband or relative of a womanÕs husband, he shall be punished with imprisonment for a period of up to three years and also liable to fine. The crime under Section 498A is cognizable, non-compoundable and non-bailable

A violation of this section is done by women by creating frivolously false allegations against their husbands with the goal of getting some money or just paining the family. This sectionÕs abuse is increasing chop-chop and therefore the ladies usually apprehend their husbands.

Section 498A was designed and inserted into the legal framework by the lawmakers with the idea of protecting women from cruelty, harassment and other offences. But when cross-investigations are performed to test the validity of these laws, the number of acquittals relative to convictions was greater. Thus, one who brought 498A into action conceiving it as a shield against cruelty for women, i.e., the Supreme Court, is now considering it as legal terrorism. Because misuse of Section 498A diminishes its true credibility. That is one of several reasons for calling it an anti-male law. Although there are widespread complaints, and even large-scale misuse has been recognized by the judiciary, there is no reliable data based on the empirical study regarding the extent of the alleged misuse.

In the case where there are false allegations put on the men by his wife and he has proved innocent in the eyes of the law. He can fight the case misuse of 498A. The Indian government and jurisprudence continue to incorporate inputs to protect women, and men are not ignored by law either. Justice still takes precedence over injustice. Thus, the men whose reputation is defamed with false allegations that opt for some legal recovery measures and seek protection from Section 498A IPC.

These are:
1. Under Section 500 of the Indian Penal Code, the husband can file a defamation lawsuit;
2. Under Section 9 of the CPC, the husband can file a claim for recovery of damages which he and his family have been subjected to for the false allegations of cruelty and abuse;
3. Section 182 of the IPC is one of the safeguards against false 498A cases widely used. If the authority considers that the averages rendered were invalid, under Section 182 of the IPC, the culprit is sentenced to 6 months or fine imprisonment, or both. The person will be charged for misleading false information on the part of the judiciary.

Reference: Section 500, 182 of the Indian Penal Code; section 9 of code of civil proceedure

2021001232021000644

LAWAYZ-2023-538