Quick Answer: Is 498 A Bailable?

What is the punishment for 498a?

under Sec.

498A as: 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 her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine..

What happens if 498a is proved?

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. … Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

Can husband filed case against wife?

1.No- There is no such provision , where husband can file a case against his wife simply for assaulting. But you can move a complaint against her ,if harassment from her continued. … but before filing the case , one should give complaint to the police official against her.

How do I settle my 498a case?

Before settlement of 498a you should settle the pending case in family courts if any.by taking the divorce or settle through out of courts. ( by deciding to stay with husband) so 1st remedy is you should settle the family court case first.

How long is anticipatory bail valid?

The anticipatory bail orders can continue till the end of the trial and the court should keep in mind the conduct of the accused while passing the orders. Anticipatory bail only gives protection from arrest to a person in relation to offence he apprehends arrest in.

How do you prove a 498a case is false?

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

How do I get rid of 498a?

Since the offence under Section 498a is a criminal offence, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction.

How much does an anticipatory bail cost?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

How do you fight false 498a?

File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.

How do I get bail on Section 498a?

How to get bail and avoid police custody in a dowry case under Section 498AImmediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.Draft an anticipatory bail application along with your lawyer and sign it.The application must also include an affidavit in support of it.More items…

How long does a 498a case take?

Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.

Can wife take back in 498a?

The charge against section 498A is non compoundable, So, your wife can not withdraw it of her own, 2. She has to give such evidence before the Court which will exonerate you.

How do I prove a 498a case?

remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.

Can police give bail in 498a?

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

Can 498a case be withdrawn?

You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.