How-to Guide on Conditions, Procedure and Laws in India
In cases of a cruelty of any kind being used with regards to dowry demands, section 498A of the Indian Penal Code entitles registration of a criminal case for the same. It is filed against husband or relatives, name usually mentioned by the wife in her complaint. Cases like these require the husbands and relatives to apply for interim protection with anticipatory bail, otherwise the police is very strict. After that, the regular bail is required.
Our experienced lawyers will help get a mutual settlement, and a safeguarding of the husband and relative in case of fraudulent use of 498A. We provide services to real suffering wives too, with equal dedication by using the law in right way.
498A Criminal Proceedings
The payment of a dowry gift, often financial, has a long history in many parts of the world. In India, the payment of a dowry is prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498A of the Indian Penal Code. These laws were enacted to make it easier for the wife to seek redress from harassment by the husband’s family. Anti-dowry laws have been criticized by men’s rights groups, who accuse women and their families of misusing the laws.
In India, there are civil laws, criminal laws, and special legislative acts against the tradition of dowry. Someone accused of taking dowry is, therefore, subject to a multiplicity of legal processes.
Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498A of IPC is registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. Along with this, a case under section 406 of IPC is registered for criminal breach of trust besides other provision of IPC and Dowry Prohibitions Act.
In such cases, at the first instance, husband and his relatives have to apply for the interim protection, anticipatory bail, and regular bail, etc. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience of criminal proceedings.