Dowry Cases under sec.498-A/406 of I.P.C.

Home/Home/Dowry Cases

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.


Explanation-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 or suicide to cause grave injury or danger to life, limb or health whether mental or physical) the of woman; or


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 meet such demand.


This section is non-bailable, non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.


Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent.


After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint, but in Delhi before arresting now have to obtain a written permission from the DCP, after direction of Hon”ble High Court.