Frequently Asked Question and Answers
Answers for most important and frequently asked questions of 498A Victims
What is 498A ?
Section 498A of the Indian Penal Code (IPC) addresses cruelty against a married woman by her husband or his relatives. It was introduced in 1983 to safeguard women from domestic violence and dowry-related harassment. Mere complaint of married woman at police station initiates lodging of FIR and police investigation.
The onus of proving no guilty lies on the husband all other co-accused in the 498A complaint. Relative of husbands include mother, sister, brother's wife , aunt as well.
Can 498A be filed after divorce ?
Yes, 498A can be filed after divorce. However excessive delay may be questioned by courts especially Honorable High Courts and Honorable Supreme Court to understand the intent behind delayed accusations.
Can 498A FIR be quashed ?
498A FIR or related chargesheet is crime against State. It can only be quashed in High Court or in Supreme Court. However the likeliness of getting quashed depends on how serious the FIR allegations are. If allegation in FIR are of serious nature then High Court might not quash the FIR and allow the trials to continue in lower courts.
Can 498A case be withdrawn ?
Section 498A is non compoundable. Meaning it cannot be settled by mutual agreement between parties. 498A complaint cannot be withdrawn even by the one who gave such complaint. The accusation is of criminal in nature and hence treated as crime against state which could be quashed only in higher judiciary, that is High Courts or Supreme Court.
How to avoid arrest in 498A ?
Whenever a complaint is registered in police station for 498A , police files FIR and initiates an enquiry. As part of procedure , the police calls upon the husband and co-accused to visit police station for enquiry. Usually police would not resort to arrest and would arrest only on paper and releases.
To be on safer side, most effective way is to apply for anticipatory bail in district or sessions court. If not granted move to higher court. Typically anticipatory bail is provided on same day but there are cases where such bail application was given after 6 months.
What if my application on anticipatory bail / regular bail is not decided by courts yet ?
In such cases where decision on anticipatory bail / regular bail is under consideration by court, request court to provide protection against arrest by issuing No Coercive Action.
How long 498A case proceed ?
There is no definitive answer. Its similar to asking how long one could live. It might take from months to decades.
But yes, the chances of getting a closure is higher if fought back stratgically with guidance.
How many 498A cases are pending in India ?
As per National Crimes Records Report 2024, In 2022 there are close to 45,000 pending court trials in India.
When 498A is not applicable ?
498A is not applicable when there is no legal marriage. However its applicable even if divorced.
What happens when 498A case is filed ?
When 498A case is filed then , FIR is registered at police station. Police usually would call for enquiry and perform a paper arrest. That is arrest on paper and immediately release. In rare cases , it is up to the discretionary powers of police to arrest the main accused that is husband.
Where trial of 498A case is run ?
The trial of 498A case is run in district or sessions courts as its of criminal nature.
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