Article 498a Cracked

Introduction to Article 498a:

498a is an Indian law in which a husband and his family are summarily arrested without any investigation when a complaint is lodged by the wife or any of her relative claiming that the husband or his relatives treated her cruelly. Once the complaint is lodged the husband and his family are presumed guilty and it is up to them to prove that they are innocent in a court of law. This law has been under much controversy due to its increasing misuse leading to breakdown of families. It does not cost anything to file a 498A, and there is no penalty (or even a fine) for filing a false dowry complaint which has contributed to a fast rise in the number of such cases in courts today.

Summary:

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 term. 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section is non-bailable (you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation).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.

Relief: To all my friends suffering from their spouses and their relatives. Indian govt has issued an order to all the police stations, which states "Circular issued to all Police Stations dated 7.7.10 - no arrests u/s 498-a on complaint and compulsory counselling". Now we have some relief and there is an NGO to protect "Husbands" from these cruelties.