INDIAN PENAL CODE (IPC), SECTION 498A together with Case Laws

Introduced in the Penal Code by Criminal Law

(Second Amendment) Act of 1983 (Act No. 46 of 1983)

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. Section 498A of the Indian Penal Code, is a criminal offense. It is a cognizable, non-bailable, and non-compoundable offense.

This blog is a component in the fight against corruption in India.

It aims to empower individuals through information about their right to due process.

My ex-wife implicated my family through trumped up allegations under the law known as IPC 498A. My family was illegally detained by the lower judiciary and subjected to torture by the police in an ultimately unsuccessful attempt to extort over USD$100,000.

I started blogging in March 2007 after I began to research and understand Indian laws and found that elements of the Indian criminal justice system were acting in contravention of Indian laws, especially when dealing with 498A cases. At that time, it was widely believed that the Indian police had the authority and the right to arrest anyone implicated in a criminal case and corrupt policemen did so with impunity across the country.

In fact, every Indian citizen is protected by Article 21 of the Indian Constitution which declares that no citizen can be denied his right to life and liberty except by law. In other words, the Indian Constitution guarantees the right to due process.

Due process lays down that the procedure for depriving a person of his life or liberty must be reasonable, fair and just. Due process means that no police officer has the right or the authority to effect an arrest of an individual merely because the person has been accused in a criminal case. Every member of the judiciary is also duty bound to respect the right to due process and cannot automatically remand individuals on account of being produced in a court room.

Due process implies that before the detention or arrest of an individual, the following must be followed in letter and spirit:

1. Notice of appearance
2. Opportunity to be heard
3. Orderly course of procedure
4. Impartial Tribunal

This precious right to due process and its component, the right against arbitrary arrest, is enforced in Joginder Kumar Vs State of UP by the Indian Supreme Court. This judgment explicitly states that:

“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter.“

Knowing and understanding this seminal judgment of the Indian Supreme Court is the best defense against arbitrary arrest or an illegal detention by remand by any component of the corrupt Indian criminal justice system – be it the police or elements of the lower judiciary. Personally, I consider the popularization of this judgment to be my singular contribution to the fight to end abuses perpetrated under the extortion racket known as IPC 498A.

My goal is to empower with information and specifically to raise awareness of due process and to present information necessary to win 498A cases.

Please start by downloading and reading the documents below and put in the effort to understand this substantial information for your own benefit.

Foot Notes-:

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1. The 498A Survival Guide - This e-book will guide you to defend yourselves against the excesses of the Indian police and will provide a complete picture of what you have gotten yourselves into. (Updated Apr/2008)

2. Joginder Kumar Vs State Of UP – 1994 – Keep a copy of this seminal Supreme Court judgment which resulted from a writ of Habeas Corpus. It defines the powers of the police to arrest. You will be surprised to know how limited the powers of the police to arrest are. If you are unable to get anticipatory bail, this judgment may very well protect you from an illegal arrest by the police. The recent CrPC amendment to Section 41, IPC, is nothing more than the codification of this judgment.

3. Understand The Right To Due Process: “Due Process” is the principle that the government must respect all of the legal rights that are owed to a citizen in accordance with the law. Due process holds the government subservient to the law of the land. The term government means any branch of the government, such as the executive (police), the judicial (judges and magistrates), and the legislative (MLAs and MPs) branches. Due process protects a citizen from the brutal power any branch of the state can exercise — illegally.
   

4. Srinivasulu Vs State Of AP-2007: The Supreme Court of India has stated that: “Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical of the woman is required to be established in order to bring home the application of Section 498A IPC”. After the FIR is filed, read the FIR and question the cops on the basis for the applicability of 498A to your case, as set forth in this judgment. Most FIRs are a concoction of lies with no coherence or reason in them. Use this judgment to your advantage.

5. SC Explains Anticipatory Bail – 2009 – This judgment explains the rules governing the granting of anticipatory bail. Everything you need to know is present in this judgment.

6. The Final Report Of Film Actor Prashanth’s 498A Case (pdf is at the end of the post) – This article is the Final Report of film actor Prashanth. Read it to understand what a final report is.

7. Justice Regupathy: Mechanical Judicial Remand Is ILLEGAL

8. Justice Kailash Gambhir (Delhi HC) Guidelines On Prosecution Of 498A Cases

9. Delhi Police Circular Forbidding Arrests In 498A Cases Without DCP’s Permission

10. Hyderabad Police Circular Forbidding Arrests in 498A Cases Without DCP’s Permission

11. Judgments of Justice Dhingra: Justice Shiv Narain Dhingra of the Delhi High Court has empowered victims of 498A cases with his judgments. Read these to inform and motivate yourselves to fight this racket.

12. Chennai HC Justice Regupathy’s Orders On 498A Arrests

13. SC Explains Conditions For The Quash Of An FIR – 2009

14. 498A Counter Cases To Fight Back With – Compiled By Rudy

15. The Important Sections Of The Dowry Prohibition Act

498A Survival Guide In Regional Languages :

• • A Guide To Surviving IPC 498A In Gujarati (Pdf)

The Indian police force plays a huge role in this extortion racket. Read the judgments and articles about the Indian police to inform, educate and empower yourselves.

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Haider Ajaz