The present article is an attempt to aware men how they can prove false 498A case filed against them.
SECTION 498A IPC
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
POSSIBLE REASONS FOR FILING FALSE 498A
- Wife may be after husband’s money and wants to harass him and his family in false 498a cases. Because mental harassment can cause husband settle at a very handsome amount.
- If husband refused to give her divorce then he may definitely face proceedings under false 498a.
- Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.
- If wife having an affair somewhere else and you got to know then also wife can put these false cases for only reason called harassment so that husband may not be able prosecute her for adultery.
PROVING FALSE 498A
While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case.
Anticipatory Bail:
Anticipatory bail in 498a is advisable and recommended. So applying for anticipatory bail can protect you from the arrest.
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station. The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother. The trauma is whether they can be arrested or not. It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail. If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC.
Chargesheet Stage in 498a and Framing of charge as well as Discharge.
After completion of investigation police will file charge sheet at this stage evidence of the police has to be seen. If there is no evidence or contradictory evidence then you can seek discharge.
Argument on discharge is an important stage in fighting false 498a.
If there is no statements of witnesses or no medical evidence then you may argue on discharge.
IMPORTANT STEPS TO PROVE YOUR POINT
Collect all Evidence & Documents
A very important step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes:
- Any conversation between the husband or his family members with the wife or her relatives like any SMS, emails, letters, call recordings, etc.
- Any evidence that proves that the wife moved willingly out of your house.
- Any evidence that shows no demands for dowry were made before or after the wedding
A case without evidence is no less than a body without a soul. Evidence is everything in the court of law and without evidence; no one and nothing can be proved right or wrong in the court of law.
The most instant help a man can get is by his own efforts of collecting all the evidence relevant in the case and to check with his attorney about how can their non-credibility be proved in the court of law.
Cross-examination
Cross examination is probably the most important stage where false cases filed by wives can get demolished. What is required by husband is to engage a good lawyer so that he can put questions that contradicts the statement of the wife. It is required to keep these points in the mind during cross examination stage:
- Burden of proof primarily lies on prosecution/wife’s side.
- Statement recorded by wife under section 164 is valuable evidence don’t take it as general allegation, from then the burden of proof shifts upon husband to dislodge all allegations.
- In cross examination it has to be decided very judiciously as which questions to put and which questions not like:
- Only such questions are to be put which contradicts her statements, not those which may give her an opportunity to give explanation of her statements.
For instance, if wife makes statement that she was beaten up in your cross examination you should ask her whether she filed any police complaint in this regard, did she visit any doctor for medical treatment.
- If wife alleges dowry was demanded whether any police complaint was filed of dowry harassment? How was the sum of the alleged given? Any emails / letters on record wherein such demands were made.
Cross examination is an art that makes the burden of proof shift back to the complainant a second time. Also it is a is a criminal trial so the circumstantial evidence leading to the incidents of allegations are to be proved. Hence it is required during cross examination to put those questions which contradicts the statement of the wife. This step would add positively to husband’s legal case to prove his point.
SUPPORTING JUDGMENTS
Lalit Bhatia vs State of Uttar Pradesh and ors. On 27 May 2005
ALLAHABAD HIGH COURT
The court held in this case that false 498A case was filed by wife with view to harass him and his family members.After going through the entire records the court was of the view that it was the sheer misuse of 498A .
S.Savitha vs Mr.Velmuruga on 31.08.2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS:
In the above judgment the Hon’ble Apex Court had held that wife made reckless, defamatory and false accusation against her husband, his family members and colleagues which would definitely have the effect of lowering his reputation in the eyes of his peers and when it is found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusation against the other spouse would be an act of cruelty.
FAIZAL AHMAD KHAN VS. STATE OF KARNATAKA AND ORS.
(On 11th October 2019)
In this case the Karnataka High Court has reprimanded a woman and directed her to pay Rs 25,000 as a cost to her ex-husband for abusing the process of law by registering a false case under section 498A IPC to harass her husband.
CONCLUSION
It can be concluded that it is not easy to prove false 498A case, however it not impossible also the husband in such a situation should collect all the possible evidence that contradicts the wife’s claim .It is required to have a good lawyer so that the merits can be decided accordingly for proving the false case.
