IPC 498a: No. 1 Reason Why Indian Men Shouldn’t Marry
By Angsuman Chakraborty, Gaea News NetworkFriday, September 21, 2007
IPC 498a Indian Penal Code 498a makes it super easy for any wife to systematically harass and make life miserable for her husband and in-laws, including but not limited to jail time and routine torture by cops. All she has to do is file a FIR (first information report) at the local police station, even a false one, and cops will arrest her husband and her in-laws (whoever has been accused) will be imprisoned without any chance of bail. To further clarify when an FIR under IPC section 498A (498a) is registered, the accused are automatically arrested and jailed without investigation.
What is IPC-498a ?
Cognizable – The accused can be arrested and jailed without warrant or investigation
Non-Bailable – The accused must appear in the court to request bail
Non-Compoundable – The complaint cannot be withdrawn by the petitioner
The accused are considered guilty and the burden is on the accused to prove innocence in the courts. This is in gross violation of human rights.
There are no prescribed penalties for false accusations.
IPC 498a is being systematically abused by women to gain leverage with her husband and/or in-laws.
With an estimated over 50,000 such accusations per year and an average of 3 members of the husband’s family implicated in each of these 498a cases, about 150,000 people are directly affected by these false accusations
Latest Statistics on 498a Published on IBN-CNN:
- In 2004, 58,319 dowry cases were registered
- 1,34,757 men were arrested
- 47,828 cases have reached the chargesheet stage
- 10,491 dowry cases were not chargesheeted as they were based on frivolous ground.
- However, 5,739 men have been convicted but more than four times that number have been acquitted (24,127)
There is a website will details on 498a - 498a.org. You can get free help on 498a here.
Note: I haven’t personally tried them.
Note 2: In case you are wondering, I am not married and no, 498a is not one of the reasons. However it does make a compelling argument to semi-convince your parents 
Note 3: I do know innocent people affected by 498a.
I think IPC 498a is breaking the very fabric of traditional Indian family. It is in gross violation of basic human rights.
What do you think?
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July 2, 2010: 5:37 am
This is true most of the victims (Husbands and his family members) are well to do and working directly or indirectly for $ but because of this we are loosing good talented resources as they are get skrewed by this law. Greedy women are extorting money under the cover of law. because of them the actual victims for whom the law is made cannot use it because there are n number of false cases in court or police station. funniest part police / judiciary is under staff but love to handle 498a etc cases because of easy money. one question to law makers: how many percentage families (husband and wife) come together after wife filled 498a etc cases?? |
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January 16, 2010: 12:45 pm
I am a victim of this section. My wife wanted to get away from me as she has illicit affair. And at the same time she wanted to take my ten year old son with her.I was behind the bars for four days. My Parents, brother, sister and all the family members have mentally suffered a lot and they are feeling insulted in the society. My family wanted to settle it by giving some amount they are demanding. But i refused to bow down before them and fight the case till the very end. |
 Dipak Kumar Adhikari |
November 9, 2009: 11:02 pm
Dear Sir/Madam, |
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Dipak Kumar Adhikari |
October 20, 2009: 11:17 pm
Dear Sir/Madam, |
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Dipak Kumar Adhikari |
October 13, 2009: 11:31 pm
Dear Sir/Madam, |
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Dipak Kumar Adhikari |
October 7, 2009: 4:28 am
Dear Sir/Madam, |
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Dipak Kumar Adhikari |
October 5, 2009: 6:29 am
Dear Sir/Madam, |
 Pardeep |
January 9, 2009: 2:08 am
Hi! It is a hard reality in India that the law makers(who proposes the new law/amendments are the Government servants sitting in various Govt.departments) are not having any practical knoweledge of law and could not understand that implications of any bad law like 498a & DV. The innocent families are broken down because of these laws, Inoccent mothers and sisters are harassed,jailed without investigation. Most of all the laws were made to prevent the volience against the females(who are having good moral values, who cannot go to magistrate or police due to their inner concious and care for reputaion and social responsibility) but these are mis-used by the females who are vamps, greedy and looks for easy going with money to satisfy their ego and demand for their control with no responsibility in home. Surprisingly the feminists are wide spreading such culuture in indian society which is turing more & more females to such type. The time is not far when the indian society(well known for its values and character) will see a sea change in its vales,moral and character. But by that time it will reach to the point of non return and who will be responsible — only & only feminists, NCW and other such orgs. |
 Sabapathy |
June 23, 2008: 10:03 pm
THE MEN TORTURED IN THE HANDS OF WOMEN/WIFE NOWADAYS men are tortured in the hands of women by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why? A fine case of one Mr. Rathinasabapathy who was married with Rajeswari of Howrah at Pondicherry on 4th June 2003 started their life initially at Pondicherry latter after five months shifted to Bangalore where he was employed. The husband arranged job for his wife and he had given her all possible freedom which include to visit her parental house, to wear the dresses she feel convenient. But his all these freedoms and love showered towards the wife resulted in one fine day with hand cuffs of iron. Do you believe? YES THIS IS A TRUE STORY. The husband who once tried his best to keep his wife happy meted the cruelty by the same women. The husband arranged all physical mental pleasures for his wife but not fulfilled one demand which is affecting his parents, unmarried brother and sister. The wife demand for separate dwelling that too in such a place the language of which is a strange thing to the husband and leaving the old aged sick parents here all alone was not welcomed by the husband and which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody for eight days. The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce under section 13a and succeeded to get an expartee decree within 3 months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counselling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws. The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child. THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock. The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pondicherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future. Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required. Thanks, |
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September 21, 2007: 8:05 am
hi there, I share your concern. But I have also seen firsthand how women(our maid -servant) get beaten up by her husbands. Should they modify the law so that unnecessary harassment should be prevented ? Yes. Will this cause more divorces : Probably yes. Will this prevent many husbands(and families) from harassing : Most probably yes. BR, |
supriya kumar