Atrocities and oppression on women have become common in our society and a woman has to face cruelty in the name of demand of dowry even after her marriage, and to remove this scourge of torture in the name of dowry demand, a Section 498A was introduced in the Indian Penal Code in the year 1983 to provide for adequate punishment for any cruelty inflicted on a married woman by the husband and his relatives.
This Section 498A of the Indian Penal Code (IPC) states –
“Any husband or relative of the husband subjecting a
woman to cruelty shall be punished with imprisonment of either description for
a term which may extend to three years and shall also be liable to fine.”
This Section is a cognizable and non-bailable offence, and now this Section 498A of IPC has been replaced by the Section 85 of Bharatiya Nyay Sanhita (BNS), 2023.
During the last few years it has been observed by the Court and legal experts that there has been an increase in the misuse of Section 498A of the IPC, and now women are using this Section as a weapon against any kind of marital cruelty. The complaint of filing FIR under this Section 498A is increasing day by day, whose sole aim is to get her demands met by causing harassment and mental agony to her husband and his family members.
One of the most worrying situations
for someone involved in a 498A case is harassment by the Investigating Officer
(IO), and this usually involves undue pressure, threats or inappropriate
behavior by the police officer during the investigation process.
Therefore, the
first and foremost thing is to know what legal rights you have during an
investigation in a criminal case.
Legal
rights:
➧An investigating officer is bound by
the law and he cannot go against the law to harass any person even if he is
involved in a crime.
➧Right to be treated with respect:
The law prohibits any form of physical or mental harassment by a police officer
during the investigation process.
➧Right to remain silent: You cannot
be forced to answer questions that could incriminate you.
➧Right to Legal Representation: You
have the right to have a lawyer present during questioning or interrogation.
➧Right to Fair Investigation: The
investigation must be conducted in a fair and impartial manner. You should not
face any kind of torture, coercion or ill-treatment. Any confession made under
pressure or coercion is not admissible in court.
➧Right to equality without any discrimination:
You have the right to be treated equally before the law and not to be
discriminated against on the grounds of religion, caste, sex or other factors.
Steps
to be taken for protection:
If you are a husband and are facing
police harassment due to an FIR filed by your wife under section 498A, you can
take the following steps to stay safe from the police officers:
👉Seek professional legal help:
The most important step a husband
should take is to hire a lawyer who specializes in family law, criminal law or
marital disputes. A competent lawyer will guide you through the legal process,
help you understand your rights and suggest the best course of action.
👉Apply for Anticipatory Bail:
If you fear that you may be arrested
by the police, file an application for anticipatory bail under section 438 of
CrPC (section 482 of BNSS) before approaching the police. Anticipatory bail
provides protection from arrest until the court decides whether you should be
granted regular bail or not.
👉File a complaint against police
harassment:
If the police are using their powers
to harass or intimidate you, you have the right to file a complaint against
them.
You can lodge a complaint against
the illegal harassment by the said police before the senior police officers like
Superintendent of Police or Commissioner of Police.
If the harassment continues you can
file a complaint before a judicial magistrate. Also, if there is no positive
response you can take the matter further by filing a complaint before the
National Human Rights Commission (NHRC) or State Human Rights Commission
(SHRC).
👉File a petition in the High Court to
quash the FIR or proceedings:
If the First Information Report (FIR) filed by your wife is baseless and you believe that the allegations have no legal basis, you can file a petition in the High Court to quash the FIR.
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