Fighting a False 498A Dowry Case

Dowry, essentially, is a payment paid by the bride’s family to the groom or his family at the time of marriage. While dowry is an unacceptable social evil that leads to cruelty and serious crimes against women, fake allegations of dowry are often made by brides as weapons against their husbands.

Data from the National Crime Records Bureau shows that the conviction rate for dowry cases was approximately 14% in 2015 as compared to the general conviction rate, which was at 46%, proving that more than half of these complaints were falsely made. Further, the Supreme Court in the case of Rajesh Sharma v State of UP, observed that Section 498A of the IPC is susceptible to abuse and is often used by women to harass elderly in-laws.

Although it is undeniable that more women are victimized and subjected to cruelty owing to dowry than men, it is important to understand that the subject of dowry and its punishment is a double-edged sword in this country. While holding people responsible for their unlawful demands is necessary, it is equally important to protect the rights of the innocent in a legal system that so strongly believes in Blackstone’s ratio that holds that ‘It is better that ten guilty persons escape than one innocent suffer”.

To understand how one can prove a false dowry case under 498A, it is important to understand the meaning and implications of the section first.

What To Do If A False Dowry Case Is Registered Against You?

Understanding the Section –

Section 498A of the Indian Penal Code, 1860 refers to the violence a woman faces post her marriage by her husband and/or her in-laws in relation to any unlawful demand for property as dowry. This section was introduced in 1983 with the aim to protect married women from brutality and harassment by husband or any relative. It applies in cases of both physical and mental cruelty.

Although this section was implemented to protect women from domestic violence and cruelty, it is being misused by women to settle personal scores. The basic essentials to file under Section 498A are –

1. The woman must be married
2. She must be subjected to cruelty or harassment
3. Such cruelty or harassment must be inflicted either by her husband or by a relative of the husband.

It is important to note that the terms “cruelty and harassment” in this context have a wide meaning. They refer to –

1. Cruelty – any deliberate action that is likely to push the woman to commit suicide or to cause grave injury or risk to her life, limb, or health (whether mental or physical); or
2. Harassment of a woman with the intent of coercing her or anyone associated with her to fulfil any unlawful demand for property or valued security, or because she or anyone associated with her has failed to meet such demand.

In the absence of any of these elements, the allegations can be immediately quashed. The term of punishment is prison which may extend up to 3 years and fine. This section is a non-bailable and cognizable offence, meaning that one may be able to seek bail at the discretion of the court.

Application for Bail in a Non-Bailable Offence (498A) –

Section 439 of the CRPC, 1973 lays down that bail in case of non-billable offences may be granted at the discretion of the court. An application stating the grounds for bail must be moved in order to seek the bail. A person may be able to seek bail if –

1. The accused is a woman ( for example, an elderly mother in law, or sister in law of the accuser)
2. If there is any delay in lodging FIR
3. If there is a lack of evidence
4. If the accused is sick.

Section 498A of the IPC has been enacted in order to prevent the harassment of women in their matrimonial homes. It is to safeguard women from domestic violence, mental and physical cruelty and seeks to provide justice to women who have been abused after marriage. However, the safeguards provided by this section have been widely misused by brides in pursuit of personal vengeance. It is often used as a freeway to divorce or monetary gain. Since it is a non-bailable offence, it is a difficult task for falsely accused to defend themselves against false charges made by women.

How do I Protect Myself from a false 498A case?

In case you yourself, or your relative has been falsely accused of cruelty in relation to dowry under section 498A, you may file a countersuit under various provisions of the IPC and CRPC. These include –

1. Section 499 and 500 – A countersuit of defamation may be filed by the accused under sections 499 and 500 of the Indian Penal Code 1860. This may be applicable in case the woman is trying to smear the reputation of her husband and/or his parents by bringing it to court.
2. Section 503, 506- In case the woman is threatening to harm you or your relatives, or is blackmailing them for monetary gains, you may counter lawsuit for criminal intimidation may be filed.
3. Section 120B – section 120B of the Indian Penal Code 1860, comes into the picture when there is a criminal conspiracy on part of the woman, to wrongfully frame you or your relatives.
4. Section 191 – In case the evidence provided by the woman to accuse you are false, then she may be held liable under section 191 of the IPC 1860, for giving false evidence or for manufacturing fake evidence.
5. Restitution of conjugal rights – Section 9 of the Hindu Marriage Act, provides for the restitution of conjugal rights. This section will allow the husband to claim for all the terms and conditions that the wife will have to follow once she has to start living in the matrimonial home again.
6. Section 482 CRPC – You may also get the 498A FIR quashed by the High court under section 482 of the CRPC if one has sufficient proof that the FIR is based on false statements.
7. Section 227 of IPC – You may also file a countersuit lawsuit against the woman for violation of the condition of remission of punishment.
8. In case you have been apprehending arrest, you may seek preventive relief for the false accusation by filing for anticipatory bail.

How should I prepare for protection against a false 498A case?

1. If you have been apprehending arrest, immediately file for anticipatory bail under section 438 of the CRPC
2. Seek legal aid – A charge of section 498A is a serious charge. The consequence and penalties are graves. It may not only lead to social persecution and hostility but may also lead to serious jail time, a heavy fine and loss in future job prospects. For this reason, it is of utmost importance to seek the aid and advice of a qualified criminal lawyer, who may be able to protect you and help you secure the best possible outcome.
3. Collect any and all evidence that may prove that the case filed against you is false. This may include phone conversations, text messages, letters, legal documents, witness statements etc. Collect evidence proving that you nor your family member have demanded dowry and that the woman has moved out for no valid reason, or at her own will.
4. File an FIR immediately against your wife or relative for falsely accusing you under any of the above-mentioned sections.
5. Different states also have local dispute resolution mechanisms such as the CAW cell (crimes against women cell) in the state of Punjab, where a settlement may be amicably reached.

Conclusion

A false complaint is a violation of your basic human right. It’s a serious issue that is increasing every day. In such a situation, it is extremely important to stay vigilant and act cautiously. While the Indian judiciary is working hard to make sure that justice is served to all people, regardless of their gender, age or social background, it is important that one remains careful and seeks the advice of a competent criminal defence lawyer in time.