Criminal Law

Section 498A in The Indian Penal Code 1860

498A Indian Penal Code:- Husband or relative of husband of a woman subjecting her to cruelty Husband or relative of the 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 3 years (three) 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.]

Classification of offence- The offence under Section 498a is Cognizable if information relating to the commission of offence is given to an officer in charge of a police station by the aggrieved person or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the state govt. in this behalf, non-bailable, non-compoundable and triable by Magistrate of the first class.

State Amendment

Andhra Pradesh- In Andhara Pradesh, offence is compoundable.

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