
We shall also do our part to build a world of peace where the weak are safe and the strong are just. –John F Kennedy
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INDIAN PENAL CODE (IPC), SECTION 498A
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.
The lines above define the law known as Section 498A Of the Indian Penal Code or IPC 498A or just 498A. This law was formulated in the ’80s to protect young women from being subjected to harassment or torture by their in-laws and/or husbands – for the sake of extorting wealth from the families of these women.
It has now morphed into a country-wide, multi-million dollar extortion racket, benefiting lawyers, policemen, corrupt elements of the lower judiciary, feminazi NGOs, and the political establishment.
Across the country, 498A is a law that estranged wives use to settle scores with their hubbies and in-laws. It is a huge source of revenue for the corrupt Indian police. Each day across the country , the police lie in wait for a complaint to be filed under this law, regardless of how frivolous it is. With this complaint in hand, the police, mostly on Fridays or a day before a holiday, walk into the homes of the accused and arrest all named in the complaint. The arrested are then taken to the police station and threatened with “consequences” or sometimes subjected to custodial violence – to extort large sums of money under the guise of a “settlement”. If a “settlement” cannot be reached for any reason, then these families can look forward to being jailed and spend the next several years running around courts trying to get themselves cleared of these frivolous accusations, once released on bail. People have killed themselves, unable to bear the harassment.
By using these tactics, these uniformed criminals have arrested and jailed over 1,30,000 women under 498A since 2004, per statistics compiled by the NCRB. This number includes my mother and sister.
What happens to the accuser/abuser of this law?.
She gets away with a chunk of cash and/or the satisfaction of putting her ex-hubby and in-laws through an ordeal lasting years. Even if the accused are cleared of all charges, the courts are reluctant to punish these women for abusing the law. Around 60,000 498A cases are filed each year, each estimated to take over 4-7 years to be resolved, unless an out of court settlement is reached, meaning the accused give-in, unable to bear the long drawn ordeal of fighting a criminal case in an Indian court.
The legal fraternity profits from the bail applications and the fees from long drawn cases.
Real victims do exist, but they will never be able to get justice as the courts are clogged with frivolous cases.
The US State Dept has warned US citizens about the nature of the Indian criminal justice system at its India travel site. Additionally, the State Dept, in the annual report on trafficking in persons, states that “complicity in trafficking by many Indian law enforcement officials and overburdened courts impede effective prosecutions” - accurately depicting the rampant corruption prevalent in the Indian law enforcement establishment.
Finally, this extortion racket ties in with vote bank politics. The Indian electorate has been divided into segments, chiefly along the lines of caste, religion, economic status, language and every possible fault line imaginable. These segments have come to be known as vote banks, from which political parties draw their strength. Due to the size of the numbers involved, tiny fractions of votes from these vote banks can make a difference in closely contested Indian elections. Since the horizontal carving up of the electorate is now complete, the political establishment has now settled upon a vertical segment, women. No political party has the nerve to call for an amendment to this law as they risk being branded as “anti-women”. Hence the opposition to the amendment of this pernicious law by the political establishment.
I presented this overview to highlight the perfidy of the Indian establishment which has fostered this profitable extortion racket under the guise of “protecting women”.
My family’s courage checked the excesses of the police and I was able to become a proud citizen of another great country. I’m moving on to live my life as a decent citizen of my new country, my “Karma Bhoomi”.
What I have done here is my “Thank You” for all that was given to me by the soil I was born on. This site and the information posted here is to enable those of you entangled in this mess to take a stand and fight, and hopefully, end this Indian extortion racket some day.
Good luck !
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My goal is to enable you to have the knowledge and the information to defend yourselves and your families against the brutal attempt at extortion you will be subjected to by the police. My mother and sister experienced this first hand. The key to winning a 498A case is to eliminate the harassment and intimidation that the Indian police can subject you to. In order to do this, please start by downloading the documents below. All the documents are in pdf format. You will need adobe acrobat reader v5 or greater to read the documents.
Expect to spend days understanding this information. I know that it is a lot, but it will pay off:
- A Guide To Surviving IPC 498A - This document will serve as a guide 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)
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Joginder Kumar Vs State Of UP – 1994 – Always have a copy of this great Supreme Court judgment with you. This judgment defines the powers of the police to arrest a citizen. 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.
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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.
- 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.
- Justice Regupathy: Mechanical Judicial Remand Is ILLEGAL
- Justice Kailash Gambhir (Delhi HC) Guidelines On Prosecution Of 498A Cases
- Delhi Police Circular Forbidding Arrests In 498A Cases Without DCP’s Permission
- Hyderabad Police Circular Forbidding Arrests in 498A Cases Without DCP’s Permission
- Judgments of Justice Dhingra: Justice Shiv Narain Dhingra of the Delhi High Court has armed the accused in 498A cases with his judgments. Read these and you will be encouraged.
- SC Explains Conditions For The Quash Of An FIR – 2009
- 498A Counter Cases To Fight Back With – Compiled By Rudy
- The Important Sections Of The Dowry Prohibition Act
498A Survival Guide In Regional Languages :
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.
For immediate help and advice, contact:
- SIF India
- http://www.saveindianfamily.org/
- If you reside outside India, contact 498A.org.
- All India Forgotten Women.
- Click here if you want to join the SIF Yahoo Group
The Supreme Court of India is the ultimate arbiter of the law on account of the The Doctrine Of Binding Precedent. Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil (police) and judicial authorities shall act in aid of the Supreme Court.
Repository Of Information:
- What Is IPC 498A? (This is a recap. Ignore if you read the guide)
- The Judgments Of Justice Shiv Narain Dhingra, Delhi HC
- What Is Anticipatory Bail?: Do your best to understand what AB is. This is the first line of defense.
- Steps To Get Anticipatory Bail After You Are Hit By 498A!!
- Some Advice On Getting Bail
- Sequence Of Events In A 498A case
- Understanding The First Information Report (FIR)
OR
OR
- Kiran Bedis Site Explains What An FIR Is All About
- Understanding The Law Of Arrest
- A Compilation Of Police Interrogation Tactics
- Understanding Issues Of Jurisdiction In A 498A Case
- Understanding High Court Quash Petitions (Section 482 Of CrPC)
- The View Of The Supreme Court On Quash Petitions
- SC Clarifies Sections 406 And 498A – 2007
- SC: Right To Speedy Trial Includes Lengthy Police Investigations
- Mumbai HC: Hubby Can Be Jailed Despite Patch-Up
- The Definition Of Torture, As Per The Supreme Court Of India
- Compensation For Illegal Detention, Supreme Court Judgment
- Delhi HC-IT Dept Must Release Income Tax Info Under RTI For 498A Defense
- Calcutta HC: 498a Accused Not To Be Suspended Till Guilt Is Proved
- Chennai HC: The Definition Of Perjury
- An Explanation Of Section 182 Of IPC (6 Months Jail For Making False Statements)
- Lawyers You Can Trust: This is from mynation.net. Please follow the link at your own risk.
- MyNation.net 498A Flowchart
- What The Courts Are Saying About 498A And Right To Liberty
- The Abuse Of The Noble Intentions Of The Courts In 498A Cases
- The Consequences She Will Face For Filing A False 498A
- Approximately 27,000 Women Arrested Per Year Under 498A Cases
- 498A Statistics Compiled By Rakshak : This will show you that you are not the only one entangled in this mess. Welcome to the club !!
- Filing Complaints With The NHRC
Compendium Of Judgments:
- The Judgments of Justice SN Dhingra, Delhi High Court
- Supreme Court Judgments Needed To Battle 498A
- High Court Judgments Needed To Battle 498A
- Excerpts From 498A Bail Orders And Judgments
- Human Rights And Policing: Landmark Supreme Court Directives (A good document to read, but I’ve covered the gist of it)
For Non Resident Indians (NRIs):
- Legality Of Foreign Judgments
- SC-Police Or Courts Cannot Impound Passport (Jan 2008)
- Justice Dhingra Settles Jurisdiction In NRI 498A Case – Jan 2008
- US Green Card Holders Rights And Responsibilities: A Reminder For The GC Holding 498A Wives
- The Reality Of Broken NRI Marriages
- The Practical Guide To Taping Conversations
- Anticipatory Bail Order For An NRI:
- Judgments On NRI Cases By The Courts In India
- Delhi HC: Beniwal Vs Beniwal 1989 – Case Lost In US Can’t Be Re-Fought In India
- Justice Dhingra: A Case lost in US court can’t be re-fought In India. (An NRI 498A Case)
- What Is An Interpol Red Corner Notice?
- Tricks Played On NRIs TO Settle Divorce Cases
- The Impossibility Of Being Deported From The US
- A Basic Guide To US Courts
- Extradition, Criminal Prosecution And International Child Abduction
- 498A Coverage by NPR (mp3 format 4-5 mins)
Documents on the Indian Police:
- Know Your Police Ranks
- Code of Conduct for the Police in India
- National Human Rights Commission (NHRC) Guidelines On Arrest
- Instructions On Filing Complaints With The NHRC
- Link To The AP State Police Manuals
- Citizens Rights: Per The Assam Police
- Transparency International Report On Indian Police Corruption-2005
- Articles On Indian Police By Dr Arvind Verma
- Flowchart of an FIR
- Sample of an FIR form
- An Example of a chargesheet
- Some relevant sections of the CrPC
- CVC Manual On Bribery
- WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS
- Pay Scales Of Police Officers: Dept Of Personnel And Training
The CBI is the premier investigative agency of our country and I have a lot of respect for the capabilities of these guys. I just wish they would be a little more diligent before filing red corner notices against NRIs accused in dowry cases. In a sense they are insulting their own intelligence.
RTI is a powerful tool to combat the abuse of 498A. The police are required to answer within 48Hrs when an RTI is filed about a person who is arrested. Read about the basics of filing an RTI here:
Misc documents/links/News:
- The Story Of A 498A Woman
- Stopping False Allegations With Technology.
- “I DO” – What The 498A Wives Never Understood
- Lok Sabha 498A Questions – 2004
- Transparency International: Indolence in India’s judiciary
- Path Breaking Judgments On Indian Police Compiled By NPRD
- A Collection Of Misc SC/HC Judgments
- DV Must Be Proven: Delhi Court (Respondent is a babu from the PMO)
- Delhi District Courts Users Handbook: Read this to get an idea of court procedures.
- Legal Literacy 101: An Intro To Indian Law By Delhi University
- A Guide To Indian Laws: The link contains bare acts such as the IPC, CrPC etc.
- A Letter From The Mother Of A Son
- Swarup Sarkar DV Act Judgment 2007
- Penal Provisions Pertaining To Bribery And Corruption
- No Alimony For Leaving Hubbies On Flimsy Grounds
- “Torture And Police Brutality Are Endemic In India”: Indira Jaisingh
- School Teacher Acquitted In 498A Case
- Financial Consequences For Divorced Women
- Approaching The Supreme Court Of India Through The SC Legal Services Authority
- Rights Activists On Wrong Foot: The dirt from around the country on the Womens Commissions
- Justice Dhingra Ensures The Jailing Of A Corrupt Female CAW Cell Officer-2007
- NHRC Tells HC: Police Must Change Way Of Probing Dowry Related Cases
- The 498A FAQ
Archive:
Finally, regardless of what the 498A wives do to you, if you are innocent, you will prevail.
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