A guide to section 498a IPC case in India
A woman or her family members can file a complaint under section 498a IPC if her in-laws are greedy and do domestic violence in the name of irrelevant dowry demands.
How to Draft a Complaint of 498a IPC?
- The complaint is addressed in the name of the Senior Superintendent of Police of District/ U.T
- Make a list of incidents in detail
- Mention the date, place, and name of the person who demanded dowry
- Make a list of domestic violence verbal and mental abuses
- Mention the date, place, and name of the person involved in verbal and mental abuse
- Make a list of all physical injuries
- Mention the date, place, and name of the person who did the injuries. Attach prescription, doctor slips, medicine bills, pictures, DDR, etc.
- Make a list of gold and other valuable items given at the time of marriage and request in the complaint to get it recovered.
- At the end of the complaint mention name, phone number and email address of the complainant.
Where to submit Complaint u/s 498a IPC?
Deposit the above said typed complaint in the SSP window of the area. SSP office forwards it to the Women Cell within few days. Women Cell calls the complainant and listens completely to the story.
Intimation and Summoning in 498a IPC?
Women Cell inspecting officer call on mobile and ask the mentioned people to appear on a certain date. On non-appearance, the police office issues summon on the phone or physically as required.
Counseling and Reconciliation?
On the appearance of all accused, they hold jointly two or three meetings to resolve the complaint issues amicably.
FIR of 498a and other sections of IPC?
FIR may be registered u/s 498a and other sections depending upon the other acts of domestic violence, physical injuries, attempt to murder forcible abortion, destruction of women’s property, assault or criminal force to woman with intent to outrage her modesty etc.
Whether Anticipatory bail needed for all accused?
Anticipatory bail needed for all accused, whose name is in the FIR. They should apply it in the Honourable Session Courts in India for an arrest stay.
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See blog by Deepak Malhotra Adv on Quick Divorce in 2 months
See blog by Deepak Malhotra Adv Legal Consultants on Dowry Violence – A guide to section 498a
See blog by Deepak Malhotra Adv, Legal Consultants on Divorce Evidence
See blog by Deepak Malhotra Adv, Legal Consultants on Domestic Violence against a Woman
See blog by Deepak Malhotra Adv, Legal Consultants on Grounds of Divorce–Cruelty, Adultery & desertion
See blog by Deepak Malhotra Adv Legal Consultants on Mutual Divorce & Contested Divorce