Passed by Indian Parliament in 1983, Indian Penal
Code 498A, is a criminal law (not a civil law)
which is defined as follows, "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. The offence is Cognizable, non-compoundable and non-bailable. Please read the Act 46 of 1983 to understand 498a better. How are you at risk and why it is dangerous for
the society? Your wife/daughter-in-law who's demands are
not met can make a written false complaint of
dowry harassment to a nearby police station. The
husband, his old parents and relatives are
immediately arrested without sufficient
investigation and put behind bars on a non- bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that you
are innocent. 498a can only be invoked by wife/daughter-in-
law or her relative. Most cases where Sec 498A is
invoked turn out to be false (as repeatedly
accepted by High Courts and Supreme Court in
India) as they are mere blackmail attempts by the
wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint
is followed by the demand of huge amount of
money (extortion) to settle the case out of the
court. This section is non-bailable(you have to appear in court and get bail from the judge), non-
compoundable (complaint can't be withdrawn)
and cognizable (register and investigate the
complaint, although in practice most of the time
arrest happens before investigation). There have been countless instances where, without any
investigation, the police has arrested elderly
parents, unmarried sisters, pregnant sister-in-
laws and even 3 year old children. In these cases
unsuspecting family of husband has to go
through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case
goes on for years (5-7 years is typical) and the
conviction rate is about 2% only. Some accused
parents, sisters and even husbands have
committed suicide after time in jail.
I googled this topic after reading Shridevi's post and was shocked...I agree...it clearly states that the entire family would be arrested...God knows what will unfold next...
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