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Jan 17, 20233 min read

What To Do If 498a Is Filed Against My 5 Year Old Son

The Indian legislatures were enacted as a lead to achieving experiment, and the Court's interpretation of its provisions mainly focused on the words' plain meanings. Therefore, the Legislation is interpreted liberally and broadly in order to ensure that no law violates the fundamental principles of the law.

Essentials of Section 498A by the Court

Certain conditions must be met in order for this Section to be applicable. They are:

  • The women must be married. The purpose of adding this clause was to protect wives and female relatives from being mistreated by their husbands and their family members

  • There must have been abuse or harassment directed towards the woman who is unjust in and of itself to demand a dowry.

  • Either the husband or the husband's family should have shown such brutal abuse.

The ambit of Section 498A

  • Section 498A was implemented in order to safeguard married women from being mistreated by only their husbands or their family members.

  • The term "cruelty" has been interpreted broadly to encompass harassing a woman or her family members in an attempt to persuade them to comply with any illegal demands for any assets or valuable security as well as causing bodily or mental injury to the woman's body or health.

  • According to Section 498A, treating a wife cruelly is a cognizable, non-compoundable, and non-bailable offense.

  • Under this Section, a three-year sentence and fine have been established as penalties.


Misuse of Section 498A

The adoption of Section 498A gave women a significant amount of power, which many of them have used to harass their spouses and in-laws and obtain unjust advantages for themselves. Women who want to take revenge on their husbands utilize Section 498A to extort and coerce their family members.

Modern educated women are aware of their great power under Section 498A because the offense is cognizable and non-bailable. A woman can put her husband and his family members in jail with only one complaint.

It can also be challenging to defend against an accusation under such a provision since the woman's claim is frequently elevated, and it gets harder to disprove the scenario she has already established in her complaint.

Therefore some of the remedies to protect you from false Section 498A cases are:

  • Filing a defamation suit under Section 500 of the Indian Penal Code

  • A case under Section 120B of the Indian Penal Code, which amounts to criminal conspiracy

  • A case under Section 191 of the Indian Penal Code, which defines ‘providing false evidence as a crime

  • Under Section 506 of the Indian Penal Code, a counter-complaint can be filed, which establishes the charges of criminal intimidation

The terms "harassment" and "cruelty" refer to the act of subjecting another person to unrelenting mental suffering by aggressive interference or threats. Section 498A is broken or misused if the wife or her family is subjected to this type of harassment to force them to give up valuable security or property.

Therefore, a child aged five years old is out of his mental ability to commit such a brutal crime. And Section 498A does not cover any punishment which can be awarded to a mother's son, which is not under the scope of the Indian Penal Code.

Therefore, filing a case under Section 498A against your five-year-old minor son is against the scope of the act, and such cases in the court can be interpreted as cases that are not based on true incidents. In the case of Section 498A, only the husband and his family members can be held liable for such activities, which amount to cruelty.

To know the legality and interpretation of Section 498A of the Indian Penal Code, you will need a lawyer. If you want to know more about Section 498A to file cases under it in Delhi, then divorce lawyers in delhi can be appointed, and if you want to know more about Section 498A to file cases under it in Hyderabad, then divorce lawyers in hyderabad

can be assigned. Likewise, family lawyer in delhi can be assigned if you want to file a case under Section 498A in Delhi.

You can talk to a lawyer through Lead India Law. Lead India Law provides access to free legal advice by providing you with the opportunity to ask a legal question free online.

Call Us: - +91-8800788535


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