Here is the SC judgment of Srinivasulu Vs State Of AP – 2007, which explains the applicability of 498A. The accused were finally acquitted of all charges by the SC after the HC and the morons in the lower court failed to see the reality.
An excerpt:
11. Section 498A reads as follows:
“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. Explanation For the purpose of this section ‘cruelty’ means
(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”
12. 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. Cruelty has been defined in the Explanation for the purpose of Section 498A.
Here is the judgment: SC Explains The Applicability Of Section 498A In A Judgment
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My question: how does a women tackle the harassment of Men.
Like if a husband tortures the wife by way assassinating her character repeatedly by abusing her verbally, which cannot be proved, as it happens in four walls of the house. What is solution given to such women who are been tortured by physiologically, especially if there is a dependency of children, whose future is at stake because of this.
Is there a solution without breaking the family??
Your question is right friend, what happens in four walls remains in four walls and there are no witnesses. If there are 100 married couples in this country only 5 would be facing such problems of tortures what is mentioned in 498A. Around 5 would be facing torture by women to their husbands which we all know but no one dares to speak up… our fixed ideas…
This is one sided law and it has favoured only brides not women… i say so cause by misuse of this law a lot of young and elder humans irrespective of sex is getting troubled by seeing police station and court rooms for no fault of theirs.
The law is one sided and is misused openly, cause people have tunnel thought process wherein only one section of our society is cared at the cost of all the other sections…Our law at one stage says thousands of guilty can escape but not a single innocent should get punished and we are openly seeing such punishment to elders, kids and innocent people …. total helpless… May God bless our country before we loose interest in the institution of marriage and loose our culture of having family and family values…
We know that a lot of poor people do not get justice especially if they are fighting the rich. Why cannot we have a law similar to 498A empowering women to empower the poor so that they can allege whatever and the rich man and all the co-accused must first be put behind bars. This will show up India as a truly egalitarian and fair minded country to the world and bring justice to the millions and millions of poor in this country. Not to mention the votes, But of course what if the poor man files a complaint on the rich politician himself who brought in this law. Yes. So this law will not be brought in. For sure for that reason. But…. then just think it would be such a fantastic source of income to the whole tribe of policmen, lawyers and the justice delivery system stakeholders all. Is n’t it. Income from 498A will be a pittance and the section will die its own death considering the money to be made by this new law empowering the economically weak.