How to file an informatory petition?


Section 498A of Indian Penal Code if a husband, or relative of husband of a woman subjects the woman to cruelty, he becomes punishable with imprisonment for 3 years, or fine or bothh.
For the purpose of this section , cruelty means –
-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 (mental or physical) of the woman
-harassment of the woman , whether such harassment is with a view to coercing her (or any property related to her) to meet any unlawful demand for any property or valuable security or is on account of her failure to meet such demand.

Section 39 of Code Of Criminal Procedure deals with informatory petition.

Example for informatory petition is- If the wife threats husband of committing suicide or harm their kids and take them away, the husband may collect ecidence against her, for example recording her statements , then file a police complaint against her for threatening to commit suicide .
One who threatens to end his life and implicate someone for it, is liable to be procecuted for putting a person in fear of false prosecution.

Informatory petition is once filed before CMM / CJm when one anticipates a criminal offence being done by anybody.
It may be against the petitioner or it may not be against the petitioner and it may be against anybody else or against the general public.

If false information is spread against the petitioned , he can inform the magistrate about it.
It can be used as an equivalent of caveats in criminal courts.

Reference: Protection of Women from Domestic Violence Act, 2005, protects the right of women who face domestic violence and provides relief.
Section 498A of IPC.
This section was inserted into code on 1983 in an attempt to curb dowry torture inour country.
Under this section if the husband or a relative of a husband of a woman subjects the woman to cruellty , he becomes punishable for 3 years or fine or both.

Section 39 of Code Of Criminal Procedure deals with informatory petition.
It avers that we can file a petition before the court of C.J.M for sake of information regarding contingent incident and it can only help in future events in ceratin circumstances depends on facts and issues.



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City