How to avoid the misuse of 498a

This report provides comprehensive information on how to protect yourself and take preventive measures to save your family from the misuse of a provision that was originally meant to protect women but is used against men with no fault.

• Apply for an anticipatory bail (pre-arrest bail) at a district or sessions court against the complaint filed by the wife of the defendant under the section 498A of IPC.
• The person may file a petition to the High Court under section 482 of Criminal Procedure Code and pray to quash the false complaint for dowry demand pending at the Judicial Magistrate Court. Under this section HC enjoys discretionary powers to discharge the defendant only if he has substantial evidences to prove his innocence.
• After police investigation, the final charge sheet is submitted to the Magistrate. So the defendant can seek for his discharge (free from offence) from the Magistrate. If he doesn’t get discharged, he has to then face the trial where all prosecution witnesses are required to prove their innocence. Based on the trial, the defendant will be acquitted if the judge does not find any substantial evidence against the accused.