Tips on how to avoid getting into a 498a mess INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of husband of a woma n subjecting her to cruelity : Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with impri sonment for a term which may extend to three years and shall also be liable to f ine. 498a is a criminal offense. It is cognizable, non-bailable, and non-compoun dable offense. If you are already married and fearing of a false 498a case - please go through each of the links below. I understand it may be boring, but it can save you lot of trouble later. If 498a is imminent - to save your parent, brother, sister, et c from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court. Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in the FIR, surrender to court after bail is denied. Ideally Police should not register FIR if your wife is living separately from yo u , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back. On th e basis of the notice file the Divorce immediately. If you are a bachelor looking for a bride or you are looking for a bride for you r son , for God's sake please be informed about IPC section 498a which can be us ed to loot your family. Please follow the below checklist to make sure you are n ot getting a 498a wife or daughter in law. It would be better if you can hire a detective to gather the informations mentioned below. This would save you from t he huge humilation, harrasment that your family may face in police custody/jail. Check whether someone from the girl's father's family or mother's family has dit ched her husband for trivial reasons and staying in her parent's house If the girl that you are going to marry is currently having a full fledged relat ionship with someone who is a frequent visitor to the girl's house - stay away If the girl is having a relationship with her brother in law or her close relati ve - stay away Check whether the girl's family is in deep debt (lot of home loans, car loans) a nd their income is less than their spending If both the girl's parent are working , be double cautious , girls with lot of f reedoms can really be troublesome Make sure there is not much difference in economic status between your family an d girl's family Make sure the girl is a good match to you physically. (example if she is fat and you are too thin, stay away) If the girl starts saying things like "I love you ,etc." before marraige , just do not get melted , 90% of the time she may be just acting as told by her parent . if the girl has got a close lawyer relative and the lawyer is not earning much f rom his practice, be extra cautios. Verify whether the lawyer is ready to fight a fake 498a case. If the girl is very hot tempered , better to avoid If you belive in astrology , for God's sake get both of your kundali matched by a good astrologer If you are not taking any dowry , better put in writing that "No dowry was excha nged in this marriage" in a stamp paper and get it signed by the girl and her pa rent
Money: The girl and her family can easily walk away with half of your fortune , by scaring your family of 498a
Revenge: The girl just want take revenge on you and your sister , mother ,etc. Guilt: She has done something which she should not have done, so she wants to ge t out of marriage with good chunk of your wealth, DNA test is not allowed by cou rt Still in love with her ex boyfriend Control: She wants to control you like a slave Marry boyfriend: She wants to settle with her unemployed boy friend with a chunk of your wealth Start gathering evidences in the form of letters, photos, videos and witnesses. If possible provide money to your wife via cheque , keep a copy of the cheque wi th you Write registered letters to DGP of your state,Mahila Commision,etc. and keep a c opy of them with you - this will save you from arbitary arrest Apply for anticipatory bail. Get it for all members of your family. This is a criminal case; get a criminal lawyer with a good reputation, not a div orce lawyer. Talk to people around you , send email to tv channel like aajtak,ibnlive ,etc. Have at least Rs 50000/- cash with you. In the event of an arrest and bail being denied by the lower court, file 3 appli cations for regular bail in the lower court, district court and the High Court Talk to people who have already undergone false 498a harrasment. You need to start treating your spouse like an enemy. Any weakness shown will co st your dearly. After a 498a FIR is filed against your family Police will start investigating the matter, (means they will try to extract as m uch money as possible from your family), you should know the following about FIR : No male under the age of fifteen years or woman shall be required to attend at a ny place other than where they reside. The police officer shall orally examine the person supposed to be acquainted wit h the facts and circumstances of the case. A person is not bound to answer those questions, which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture (Right Against Sel f Incrimination). No statement made by any person to a police officer in the course of investigati on in writing shall be signed by the person making it. No police officer shall prevent any person from making in the course of any inve stigation any statement, which he may be disposed to make of his own freewill. Any police officer making an investigation may, by order in writing ask any pers on being within the local limits of his own or adjoining police station to come to the police station for questioning and it is the duty of the person called to report on the specified time and place. Such person is bound to answer truly all questions relating to the case put to h im by the officer. No police officer or other person shall offer or make any suc h inducement, threat or promise to the person being questioned. The Police Cannot Torture You Or Resort To 3rd Degree Methods No female person can be detained or arrested without the presence of lady consta ble and in no case, after sun set and before sun-rise Your first meeting with police The police will try their best to intimidate the suspect into confessing the cri me. Here are the common tactics used by them Your First Meeting With The Police: In most cases, the police will arrive at you r door in the early hours of the morning while all of you are half asleep, and w
ill attempt to take you, and members of your family to the police station. Frida y mornings or the day before public/court holidays are another favorite time the police choose to get you. They do this, as they can prevent you from being pres ented before a magistrate, depriving you of a chance to apply for bail on the sa me day. This will allow them to hold you in custody over the weekend and really tighten the screws. Be assured, the police have been bribed to their gills and t his is the norm, rather than the exception. The police personnel who show up at the door will give you their word and tell you that they will lay down their lif e to protect you and that you must accompany them. Believe them at your peril. T hey will say they need to arrest you if you don t accompany them. They will do wha t ever it takes to get you to the police station. Depending upon your social sta nding, the police may also resort to coercive tactics, which means you may very well be beaten up. Be calm when dealing with the police. Do not show any fear or confusion. They are the Indian Police and not the Gestapo or the KGB. They have no right to hurt you or assault you in anyway. You are protected by the constit ution. At that time and place, this may sound unrealistic. Trust me, you are pro tected and the police know it. All the same, they will intimidate and threaten y ou. If they assault you, make sure that you record the proof of it on a cell pho ne camera, at the least. The police can be nailed for abusing their power. Do yo ur best to maintain the upper hand. Don t think in terms of human rights. They mea n nothing. You need to think and speak in terms of Fundamental Rights. Your Fund amental Rights are guaranteed. It takes confidence, courage, and quick wittednes s to confound the police. You can do it. The policemen who show up at your door will be underlings. Wait till you meet the Police Inspector (SHO). The main dram a will take place in the Station House. Initially, the police will say that they want to take you in for counseling to t he police station. If you get to the police station, you will possibly find your spouse and her relatives there. Invariably, the demands will be along the lines of reconciliation or they will ask you to pay up a sum of money to settle the i ssue. The police will attempt to mediate a settlement. If this fails, you will b e taken into custody along with most or all the members of your family who have been accused. If all your efforts to stand off an arrest fail, then you will nee d to go to the police station. It may be in the city or in the districts. AFTER ARREST Keep some cash with you, but don t take any valuables like jewellery. Don t have any thing flashy on you. If any member of your family is on medication, ensure that you take these along. Pack a set of clothes handy to be delivered fast if needed. Pack for 5 days if a pproached on a Friday. Take a book. The Bhagavad-Gita, Bible or the Koran, or anything else of interest to keep you engaged. You will grow close to your god in these trying times. Take a notepad and pen to list your feelings with timelines. It will come in use ful if you need to recollect the facts in a courtroom or several years down the line when you get to nail her under Section 182 of IPC. Inform a trusted friend. Get the name of the police inspector and his contact info such as cell, phone nu mber in the station. Get the police station address and phone numbers that you are being taken to. It is your right to know. Get the names of the SP, ASP and any other superior officer and their contact in fo. Try to get a copy of the FIR. You have the right to know what you are being char ged with. Keep a copy of this document with you. It will be a useful reference, especially with regard to your rights. Do not accompany the police to the station, at least, not without being escorted with your lawyer
Exaggerating the case Playing Good cop and bad cop: Keep in mind police is not your friend Separation: if the accused, like in most 498A cases, belong to a family, then th e family members may be separated and each will be told that the other confessed . Watch out for this. Threats and intimidation: This is the standard operating procedure. The police m ay threaten to book you under more charges. Wish them the best. These charges ne ed to be proven in court and lies don t stand up to impartial, intelligent scrutin y. There will threats of physical torture stand up to it. Promises: They will cut a deal with you or put a good word in for you. Don t be fooled . They no power whatsoever to make deals - only prosecutors can do that and, eve n then, the judge is never Have your lawyer with you at all the time and maintain your silence. The right a gainst self-incrimination is a human right. The police cannot torture you or extract a confession out of you. This is illega l and if they do so, they are in contempt of the many judgments of the Supreme C ourt in this regard. Once you are arrested, the police may produce you before a magistrate, or send y ou to the district/city jail. If they produce you before a magistrate, he will b e sitting inside a huge hall on an elevated platform. On both his sides, on the ground level will be a steno and the bench clerk. The steno records the proceedi ngs and the bench clerk is the guy who will schedule appearances before the magi strate. You will need to wait outside the court till your case is called. It may take all day. A bailiff will announce the name of your lawyer and your name at the door of the courthouse in a loud voice. The bailiff will be the guy who will be in white with a red sash. There is a break in the court proceedings every 45 mins and these proceedings will go on all day. If your lawyer bribes the bench c lerk, your case may come up for hearing faster. Once you appear before the magis trate he may or may not look at you. He has the power to grant or refuse bail, a s this is a non-bailable offence. If he decides to grant you bail, you may compl ete the formalities and get on with your life. Don t forget to thank your gods. In the event he decides to remand you, he will make an entry in the appropriate di ary and the court constable will take you into custody and escort you out. No on e will be handcuffed or chained. The Supreme Court is very clear about this and by now you should know which judgment I am referring to. The court constable wil l process you by making notes of the birthmarks on your body and enter a descrip tion of you in his register. He will be rude and he will offer you unsolicited a dvice and jibes. When I mean you, I mean any and all members of your family who were unfortunately remanded. There are two kinds of remands judicial and police. You will be remanded to judicial custody and this means you will be taken to a district or city jail. The difference between jailed and remanded is that people are jailed after they have been found guilty. This automatically implies that y ou are innocent. Don t feel humiliated or dejected. There is nothing to be ashamed off. You are just being put through the process of the Indian criminal justice system. It is a process and needs to run its course. It will run its course. The men and the women will be separated and taken to different jails. Once you reac h the jail in a police van or jeep, you will be meeting the jailor, his staff an d the judicial warden. They will take away all your belongings, including medici nes, Mangalsutra and cell phones for safekeeping. They will account for everythi ng that they have taken from you. You will be given a plate, a mug, a mat and a thin sheet. You will be assigned an Identification number. You will be taken to large halls where 20 or so inmates will be held. These halls will have bars and no windows. Life will be difficult for those of you who have to endure this in t he winter or summer. Among the inmates will be people charged with all sorts of crimes. In the women s wing, most of the inmates will be charged with 498A, bigamy and prostitution. Life in remand will be regimented and there will be a routine that is followed. Tea will be given early in the morning. Lunch will be served
late in the morning and dinner in the early evening. You will form a Q and stand in line with the rest to get your meals. Depending upon the region, meals consi st of rice OR roti, not both, dal, a vegetarian dish and a glass of buttermilk. You will be served non-vegetarian meals on Sundays. Lactating and pregnant women will be given bread in the mornings. After dinner, all of you will be herded in to these large halls and locked up. Initially, you may not be able to eat much, if at all, but you will get used to the routine. The bathrooms will have no latc hes and there will be no running water. You will be assigned specific duties. A doctor visits you every day in the morning to ensure that you are doing well. In the event of any serious illness, the jail staff will immediately shift the sic k person to a local hospital and guard will be assigned to watch you in the hosp ital. At set hours of the day, the jail staff will announce the names of people who ha ve been granted bail. Generally, it is in the late morning and in the evening ar ound 5pm. While in remand, your routine will come down to waiting to see if you were granted bail or not. Your life will turn into a long wait with anticipation , followed by a feeling of being let down. The cycle repeats itself until the da y your name is announced and you are told that you would be released. Once you a re granted bail and are set to be released, you will be checked by a doctor to e nsure that you are doing fine. Your belongings will be accounted for and given b ack to you. The warden and the judicial warden will inform you of the terms of y our bail and repeatedly warn you about being on time for court appearances. Fail ing to appear for a court hearing, even being late, can result in you landing in this jail again. They will also inform you about the conditions of your bail if there are any. You will be released into the custody of your lawyer and the rid e home will be an exhilarating experience.
