Enticing or Taking Away or Detaining a Married Woman with Criminal Intent - Section 498
‘I am a woman, the source of piety and fury’- perhaps no line would be enough to describe the power and position of women. However, it is also a true fact that, in spite of such theoretical knowledge, a woman is often subjected to violence. Nearly all women are subjected to violence but the situation is worse for married women. From the stoppage of marriage due to incapacity to give dowry to regular abuse by the in-laws, a woman has it all inside her. Since the Vedic period, marriage has been one of the basic institutions of social life but the exploitation now seems to overpower conjugal love. The whole of IPC (Indian Penal Code) deals with criminal cases, their grounds of offence, and their punishment. Section 498 is a very popular provision of IPC that embodies domestic violence of a wife by her husband or his relatives or the in-laws. In order to about it all, we must read the whole article! Consult the best criminal lawyer Section 498 of IPC deals with adultery of the married woman induced by another man. These laws were drafted in 1860 during British rule. The position of women at that time was not as now. Then, women were treated as chattels and were not given any rights or individual freedom. Thus, it was assumed that an offence like adultery is not capable to be committed by a woman. If a woman has elicited a sexual relationship with any other man outside the wedlock, that other man is responsible for making her commit adultery by enticing her away with the intent of having sexual intercourse with her. In this law, men and women of a conjugal tie are not treated on the same footing. According to this law- A woman is an innocent victim of a man who seduces her to commit adultery. The need for a husband from a wife is just physical and any other man interferes in his wedlock by establishing sexual relations with the woman. The husband or the person, who had the care of the wife on behalf of the husband, is the victim and can sue the third party. If a husband is committing adultery with an unmarried woman or with a widow or with a married man with the consent of her husband, the wife cannot sue the husband and she is not the aggrieved party. Section 498A of IPC was drafted in the year 1983 with a vision to protect women from cruelty meted to her by her husband or his relatives. The expression ‘cruelty has been described in a wide range to include physical or mental harm so as to cause injury to the body or health of the woman and indulging in acts of harassment. Unlawful demand for dowry falls within the ambit of harassment.
Section 498- Bailable or Non-bailable?
A bail is a legal term that means, the temporary release of an accused on the condition that a sum of money is given to guarantee their attendance in the court on summoning. Section 498 is bailable and 498A is non-bailable. However, I think that IPC Section 498A should become bailable so that, if the husband is held on false accusations, there is a course left to follow.
Punishment for Section 498: A person found guilty of committing a crime in the ambit of section 498 is entitled to the imprisonment of a period up to two years or a fine or both.
A person found guilty of committing a crime in the ambit of section 498A is entitled to the imprisonment of a period of up to three years or fine or both.
Section 498 - Cognizable or Non-cognizable?
Cognizable crimes are defined as those in which the police can take actions suo motu and do not require the approval of the court for arresting someone. They are heinous crimes like rape, murder, forgery, etc. on the other hand, the non-cognizable offence is those in which, the police has no authority to arrest a person without the approval of the court. They are not so serious crimes like theft. These are terminologies mostly used in CrPC. Dhara 498 is non- cognizable. On the other hand, dhara 498A is cognizable as physical or mental harm to a wife is an offence of a serious nature.
How to File a Case Under Section 498?
Section 498 is a bailable and non-cognizable offence. So, once an FIR is lodged against a person, he cannot be arrested except without the permission of the court.
The offence under Section 498A is cognizable. So the aggrieved party or any person on her behalf who is related to her by blood, marriage, or adoption may file a case to an officer-in-charge of a police station. If there are no relatives, it may also be informed to the police by a public servant as may be notified by the State government on this behalf. Also, it is a non-bailable offence. The object of this section is to protect married women from harassment and dowry deaths by her husband or their relatives. There is no limit as to the time till which this case can be tried in a court. This section has ‘cruelty’ as the primary ground of offence. It is a continuing offence and on each occasion when the woman is subject to such cruelty, she would have a new starting point of limitation.
Famous Judgments
Singana Naga Nooka Chakrarao v. State of U.P., 2007 Cr LJ 3466 –
This case was lodged on the ground of Kanooni Dhara 498 of IPC. This case determines that the main thing to be proved in a case under this section is the intention of the accused, that is, whether the accused has enticed the married woman in order to have elicit sexual relations with her. The consequences of not examining the marital witness, the wife, led to the acquittal of the accused.
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Wazir Chand v. the State of Haryana, AIR 1989 SC 378 –
This case was lodged on the charge of harassment for dowry under section 498A of IPC. In this case, involving the death by burning of a newly married woman, the circumstances did not establish either murder or an abetted suicide and thus the in-laws escaped charges under sections 300 and 306, but couldn’t escape this newly enacted section of 498A for prevention of harassment of dowry.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Enticing or taking away or detaining with criminal intent a married woman. | Imprisonment for 2 years, or fine, or both | Non-Cognizable | Bailable | Any Magistrate |
| Offence | Enticing or taking away or detaining with criminal intent a married woman. |
|---|---|
| Punishment | Imprisonment for 2 years, or fine, or both |
| Cognizance | Non-Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
