top of page
Writer's pictureAdvocate Anil Lalla

Commonly asked questions regarding Section 498A of the Indian Penal Code


1. What constitutes cruelty under Section 498A?

Cruelty includes physical, mental, or emotional harm inflicted by the husband or his relatives on the wife.

2. Is bail possible under Section 498A?

Yes, bail is possible, but it is non-bailable and requires a magistrate’s approval following an FIR.

3. Who can file a complaint?

The aggrieved woman, her relatives, or any public servant can file a complaint under this section.

4. Can someone be arrested without prior notice?

Yes, but post the Arnesh Kumar judgment, police must follow specific guidelines before arresting.

How does the Arnesh Kumar judgement impact arrests under Section 498A IPC

The Arnesh Kumar judgment significantly impacts arrests under Section 498A IPC by establishing guidelines to prevent arbitrary arrests. The Supreme Court ruled that police must not automatically arrest individuals based solely on allegations. Instead, they must evaluate the necessity of arrest according to the criteria set out in Section 41 of the Criminal Procedure Code (CrPC). This includes obtaining a magistrate’s permission before making an arrest, ensuring that due process is followed to protect individual rights and prevent misuse of the law.


Recent Posts

See All

Comments

Rated 0 out of 5 stars.
No ratings yet

Add a rating
bottom of page