498a

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498a is an Indian law in which a husband and his family are can not be arrested without any investigation after 2015 when a complaint is lodged by the wife or any of her relative claiming that the husband or his relatives treated her cruelly. Once the complaint is lodged the husband and his family are presumed guilty and it is up to them to prove that they are innocent in a court of law. This law has been under much controversy due to its increasing misuse leading to breakdown of families. It does not cost anything to file a 498A, and there is no penalty (or even a fine) for filing a false dowry complaint which has contributed to a fast rise in the number of such cases in courts today.

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and charge sheet is based.

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. [1]

References[change | change source]

  1. "Quash 498a -Vague allegations in Fir - Lexspeak". Lexspeak. 2017-01-10. Retrieved 2017-08-19.

Other websites[change | change source]