Dated: 2024-04-25 02:40:14
A fake case of dowry harassment has been filed against my friend. What steps should he take to protect himself and prove his innocence.Section 498A of the Indian Penal Code reads as, Husband or relative of husband of a woman subjecting her to cruelty. Under this section it is an offence, if the husband or any of his relatives, forces the woman (wife of the husband) to commit suicide or makes an unlawful demand for property. For the application of this section, threat to life (mental or physical) or causing grave injury is important.
The complaint in the above mentioned section can be filed by the wife or daughter-in-law. This offence as per the section, being serious in nature is cognizable and non-bailable. The meaning of cognizable offence is; the police can arrest the husband or his family members without any warrant from the court or any prior investigation. Non-bailable offence is an offence in which only the court is granted the powers to grant a bail.
This section was enacted to provide protection to the women but it has been found by the court and pointed out at regular intervals that, it is widely and in most of the cases misused by the woman who files the case. Many women who are not happy with the marriage falsely implicate a case under this section as the results at the early stages are very fruitful. It has also been used as a tool for vengeance and to harass the husband as well as his family. In many of the false cases, the husband and his family have been put behind the bars.
When a false case under section 498A is registered against the husband or his family, then the person can file a counter case or wait for the judgment.
When you are aware of the fact that your wife has filed a case against you under section 498A, following measures listed below will help you to fight the case. It is also important to note, that one must behave politely and should not lost his temperament and avoid the use of abusive words as it may weaken the case.
Collecting evidence
Try to collect as much as evidence as possible. If not available, then start collecting the evidence from now. Any conversation record with wife or her relatives such as a letter, SMS, WhatsApp message, text, e-mail, etc. should be recorded. It is recommended that one backup of the above mentioned is also kept safe with you. Never submit the original evidence to any person; rather submit a photocopy or avoid submitting any evidence if you are suspicious.
Collect the evidence which proves that your wife has willingly left your house without any valid reason.
Evidence to show that no demand of any sort was made after the marriage from the wife or any of her relatives.
Apply for Anticipatory Bail
In case you know that your wife may file or has filed a complaint, but you have not been arrested, then you can apply for anticipatory bail with the help of a criminal defence lawyer. Anticipatory bail prevents the arrest of the accused mentioned in the complaint.
Filing a complaint
With the help of a lawyer write a complaint against your wife, describing about how your wife has blackmailed you, or has filed a false case under sec 498A. Along with this write a request to the police to take action so as to immediately stop her from making threats and abuses. Also describe her/(her family’s) hostile behaviour towards you and your family. It is suggested that the husband must file this compliant as soon as possible as it will save a lot of trouble in later stages as well as help him in the case. Drafting of the complaint is very important in such cases and hence it is highly recommended that, one consults a trial court lawyer before filing the complaint.
In case the police refuses to file such a complaint then, send the same complaint to the SP or the commissioner and get a acknowledgment of the same.
You can also send the complaint to the police station by registered post, in which the acknowledgement of the post must be kept safe with you. Thereby it is ensured that the complaint is filed.
NO AUTOMATIC ARREST UNDER SEC. 498A
It affects the liberty and freedom of citizens and needs to be exercised with great care and caution. On the same line the Hon’ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar, said that, sec. 498A is being used as a weapon rather than as a shield by the disgruntled wives. It is very simple to harass the husband and his relatives get arrested under this section. More importantly the court laid down that, the police office cannot directly without strong reasons and conclusions arrest the husband or his relatives. The police officer has to submit the facts, reasons, justification and conclusion for the detention. Hence the Supreme Court ordered that, cannot automatically arrest a person, but can only do so when there is necessity of the act and the grounds laid down by the Supreme Court are satisfied.
Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction
Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
Moreover, when the offence mentioned in the complaint by the wife is not cognizabel in nature, the police cannot arrest you without a warrant.
Protecting your Parents
The wife and her family members can file the case not only against the husband but also against his relatives. This has also been very widely misused and hence it has caused harassment to the family members of the husband irrespective of their non-participation in any act related. One such way to protect the parents is to disown them legally. Ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.
Countermeasure to the complaint/case
If you come to know that your wife is conspiring a crime against you, you can file a case against your wife under section 120 of the IPC (Punishment for Conspiracy).
When you believe that the police officers are helping your wife in making a false case against you with the help of incorrect documents you can file a case against them under section 167 of the IPC (Public servant framing an incorrect document with intent to cause injury) alleging false framing of documents.
In case of false evidence being given or used against you, a case under section 191 of IPC (Giving false evidence) can be filed alleging the evidence as false, in a way making the case as false.
When you have enough proof to prove that the case filed by your wife under sec 498A is false, then you can counter this by filing an application under section 227 of the Criminal Procedure Code. If the judge is satisfied with the proof, then he can dismiss the case, as it does not have valid grounds and it framed.
When your wife threatens to harm you or your family, or property, then with sufficient evidence, you can file a case of Criminal Intimidation under Section 506 (Punishment for Criminal Intimidation) of the IPC.
In case of an arrest under Section 498A, some of the rights guaranteed are provided at the link mentioned below: http://www.498a.org/contents/general/Good%20article%20to%20know%20about%20your%20rights.pdf
Conclusion
No of false cases have been increasing every day. The judiciary being well aware of it is trying its best to avoid the misuse of the section. Most of the people are not aware of their rights. There are various judgments by the High Court and the Supreme Court, in favour of the male, who were falsely accused. Lastly, it is also important to note that, you should not enter into any compromise with or surrender to your wife or her family members, as it indirectly amount to acceptance of blackmailing or guilt. In case of any money is to be paid, it should be done only when the court orders to do so, or else should be strictly avoided.
Krishnaveni Advocate