Tips on how to avoid getting into a 498a

mess
INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of
husband of a woman subjecting her to cruelity : 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. 498a is a criminal
offense. It is cognizable, non-bailable, and non-compoundable offense.
Update on 498a: Another draconian law got passed, "ex wife will get 50%
of the inherited properties in addition to 50% of the property of husband".
This will encourage women to file 498a case at drop of hat, so if you are
not 100% sure of marrying your girl, you may want to get into a "live in"
relationship. If you are already married and fearing of a false 498a case please go through each of the links below. I understand it may be boring,
but it can save you lot of trouble later. If 498a is imminent - to save your
parent, brother, sister, etc from 498a, you may ask your parent to legally
disown you, your parent need to contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested
at any cost, make your lawyer apply for bail for all those people
who have been named in the FIR, surrender to court after bail is
denied.
Ideally Police should not register FIR if your wife is living separately from
you , so make sure that you have got some solid proof for the same as
example you can send legal notice to your wife to her address asking her
to come back. On the basis of the notice file the Divorce immediately.
Please

If you are a bachelor looking for a bride or you are looking for a bride for
your son , for God's sake please be informed about IPC section 498a
which can be used to loot your family. Please follow the below checklist to
make sure you are not getting a 498a wife or daughter in law. It would be
better if you can hire a detective to gather the informations mentioned
below. This would save you from the huge humilation, harrasment that
your family may face in police custody/jail.

Check whether someone from the girl's father's family or mother's

family has ditched her husband for trivial reasons and staying in
her parent's house

If the girl that you are going to marry is currently having a full
fledged relationship with someone who is a frequent visitor to the
girl's house - stay away

If the girl is having a relationship with her brother in law or her

close relative - stay away

Check whether the girl's family is in deep debt (lot of home loans,
car loans) and their income is less than their spending

If both the girl's parent are working , be double cautious , girls with
lot of freedoms can really be troublesome

Make sure there is not much difference in economic status between

your family and girl's family

Make sure the girl is a good match to you physically. (example if

she is fat and you are too thin, stay away)

If the girl starts saying things like "I love you ,etc." before
marraige , just do not get melted , 90% of the time she may be just
acting as told by her parent.

if the girl has got a close lawyer relative and the lawyer is not
earning much from his practice, be extra cautios. Verify whether the
lawyer is ready to fight a fake 498a case.

If the girl is very hot tempered , better to avoid

If you belive in astrology , for God's sake get both of your kundali
matched by a good astrologer

If you are not taking any dowry , better put in writing that "No
dowry was exchanged in this marriage" in a stamp paper and get it
signed by the girl and her parent.

Motives for filing a 498a cases.

1. Money: The girl and her family can easily walk away with half of
your fortune , by scaring your family of 498a
2. Revenge: The girl just want take revenge on you and your sister ,
mother ,etc.
3. Guilt: She has done something which she should not have done, so
she wants to get out of marriage with good chunk of your wealth,
DNA test is not allowed by court
4. Still in love with her ex boyfriend
5. Control: She wants to control you like a slave
6. Marry boyfriend: She wants to settle with her unemployed boy
friend with a chunk of your wealth
Getting prepared for a 498a case

If you are getting threatened of filing false 498A case against

you, try do the following...
1. Start gathering evidences in the form of letters, photos, videos and
witnesses.

2. If possible provide money to your wife via cheque , keep a copy of

the cheque with you
3. Write registered letters to DGP of your state,Mahila Commision,etc.
and keep a copy of them with you - this will save you from arbitary
arrest
4. Apply for anticipatory bail. Get it for all members of your family.
5. This is a criminal case; get a criminal lawyer with a good reputation,
not a divorce lawyer.
6. Talk to people around you , send email to tv channel like
aajtak,ibnlive ,etc.
7. Have at least Rs 50000/- cash with you.
8. In the event of an arrest and bail being denied by the lower court,
file 3 applications for regular bail in the lower court, district court
and the High Court
9. Talk to people who have already undergone false 498a harrasment.
10.
You need to start treating your spouse like an enemy. Any
weakness shown will cost your dearly.
After a 498a FIR is filed against your family

Police will start investigating the matter, (means they will try to extract as
much money as possible from your family), you should know the following
about FIR:
1. No male under the age of fifteen years or woman shall be required
to attend at any place other than where they reside.
2. The police officer shall orally examine the person supposed to be
acquainted with the facts and circumstances of the case.
3. A person is not bound to answer those questions, which would have
a tendency to expose him to a criminal charge or to a penalty or
forfeiture (Right Against Self Incrimination).
4. No statement made by any person to a police officer in the course
of investigation in writing shall be signed by the person making it.
5. No police officer shall prevent any person from making in the course
of any investigation any statement, which he may be disposed to
make of his own freewill.
6. Any police officer making an investigation may, by order in writing
ask any person being within the local limits of his own or adjoining
police station to come to the police station for questioning and it is
the duty of the person called to report on the specified time and
place.

7. Such person is bound to answer truly all questions relating to the

case put to him by the officer. No police officer or other person shall
offer or make any such inducement, threat or promise to the person
being questioned.
8. The Police Cannot Torture You Or Resort To 3rd Degree Methods
9. No female person can be detained or arrested without the presence
of lady constable and in no case, after sun set and before sun-rise
Your first meeting with police

The police will try their best to intimidate the suspect into confessing the
crime. Here are the common tactics used by them:
Your First Meeting With The Police: In most cases, the police will arrive at
your door in the early hours of the morning while all of you are half
asleep, and will attempt to take you, and members of your family to the
police station. Friday mornings or the day before public/court holidays are
another favorite time the police choose to get you. They do this, as they
can prevent you from being presented before a magistrate, depriving you
of a chance to apply for bail on the same day. This will allow them to hold
you in custody over the weekend and really tighten the screws. Be
assured, the police have been bribed to their gills and this is the norm,
rather than the exception. The police personnel who show up at the door
will give you their word and tell you that they will lay down their life to
protect you and that you must accompany them. Believe them at your
peril. They will say they need to arrest you if you dont accompany them.
They will do what ever it takes to get you to the police station. Depending
upon your social standing, the police may also resort to coercive tactics,
which means you may very well be beaten up. Be calm when dealing with
the police. Do not show any fear or confusion. They are the Indian Police
and not the Gestapo or the KGB. They have no right to hurt you or assault
you in anyway. You are protected by the constitution. At that time and
place, this may sound unrealistic. Trust me, you are protected and the
police know it. All the same, they will intimidate and threaten you. If they
assault you, make sure that you record the proof of it on a cell phone
camera, at the least. The police can be nailed for abusing their power. Do
your best to maintain the upper hand. Dont think in terms of human
rights. They mean nothing. You need to think and speak in terms of
Fundamental Rights. Your Fundamental Rights are guaranteed. It takes
confidence, courage, and quick wittedness to confound the police. You can
do it. The policemen who show up at your door will be underlings. Wait till
you meet the Police Inspector (SHO). The main drama will take place in
the Station House.
Initially, the police will say that they want to take you in for counseling to
the police station. If you get to the police station, you will possibly find
your spouse and her relatives there. Invariably, the demands will be along
the lines of reconciliation or they will ask you to pay up a sum of money

to settle the issue. The police will attempt to mediate a settlement. If this
fails, you will be taken into custody along with most or all the members of
your family who have been accused. If all your efforts to stand off an
arrest fail, then you will need to go to the police station. It may be in the
city or in the districts.
What you should know about police interrogation

The police will try their best to intimidate the suspect into confessing the
crime. Here are the common tactics used by them:
1. Exaggerating the case
2. Playing Good cop and bad cop: Keep in mind police is not your
friend
3. Separation: if the accused, like in most 498A cases, belong to a
family, then the family members may be separated and each will be
told that the other confessed. Watch out for this.
4. Threats and intimidation: This is the standard operating procedure.
The police may threaten to book you under more charges. Wish
them the best. These charges need to be proven in court and lies
dont stand up to impartial, intelligent scrutiny. There will threats of
physical torture stand up to it.
5. Promises: They will cut a deal with you or put a good word in for
you. Dont be fooled. They no power whatsoever to make deals only prosecutors can do that and, even then, the judge is never
6. Have your lawyer with you at all the time and maintain your silence.
The right against self-incrimination is a human right.

7. The police cannot torture you or extract a confession out of you.

This is illegal and if they do so, they are in contempt of the many
judgments of the Supreme Court in this regard.

The Process Of Remand And Life In Remand:

Once you are arrested, the police may produce you before a magistrate,
or send you to the district/city jail. If they produce you before a
magistrate, he will be sitting inside a huge hall on an elevated platform.
On both his sides, on the ground level will be a steno and the bench clerk.
The steno records the proceedings and the bench clerk is the guy who will
schedule appearances before the magistrate. You will need to wait outside
the court till your case is called. It may take all day. A bailiff will announce
the name of your lawyer and your name at the door of the courthouse in
a loud voice. The bailiff will be the guy who will be in white with a red
sash. There is a break in the court proceedings every 45mins and these
proceedings will go on all day. If your lawyer bribes the bench clerk, your

case may come up for hearing faster. Once you appear before the
magistrate he may or may not look at you. He has the power to grant or
refuse bail, as this is a non-bailable offence. If he decides to grant you
bail, you may complete the formalities and get on with your life. Dont
forget to thank your gods. In the event he decides to remand you, he will
make an entry in the appropriate diary and the court constable will take
you into custody and escort you out. No one will be handcuffed or
chained. The Supreme Court is very clear about this and by now you
should know which judgment I am referring to. The court constable will
process you by making notes of the birthmarks on your body and enter a
description of you in his register. He will be rude and he will offer you
unsolicited advice and jibes. When I mean you, I mean any and all
members of your family who were unfortunately remanded.

Tips on how to avoid getting into a 498a

mess
INDIAN PENAL CODE (IPC), SECTION 498A : Husband or

relative of husband of a woman subjecting her to cruelity : 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. 498a is a
criminal offense. It is cognizable, non-bailable, and non-compoundable
offense.
Update on 498a: Another draconian law got passed, "ex wife will get 50%
of the inherited properties in addition to 50% of the property of husband".
This will encourage women to file 498a case at drop of hat, so if you are
not 100% sure of marrying your girl, you may want to get into a "live in"
relationship. If you are already married and fearing of a false 498a case please go through each of the links below. I understand it may be boring,
but it can save you lot of trouble later. If 498a is imminent - to save your
parent, brother, sister, etc from 498a, you may ask your parent to legally
disown you, your parent need to contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested
at any cost, make your lawyer apply for bail for all those people
who have been named in the FIR, surrender to court after bail is
denied.
Ideally Police should not register FIR if your wife is living separately from
you , so make sure that you have got some solid proof for the same as
example you can send legal notice to your wife to her address asking her
to come back. On the basis of the notice file the Divorce immediately.
Please
.
If you are a bachelor looking for a bride or you are looking for a bride for
your son , for God's sake please be informed about IPC section 498a
which can be used to loot your family. Please follow the below checklist to
make sure you are not getting a 498a wife or daughter in law. It would be
better if you can hire a detective to gather the informations mentioned
below. This would save you from the huge humilation, harrasment that
your family may face in police custody/jail.

Check whether someone from the girl's father's family or mother's

family has ditched her husband for trivial reasons and staying in
her parent's house

If the girl that you are going to marry is currently having a full
fledged relationship with someone who is a frequent visitor to the
girl's house - stay away

If the girl is having a relationship with her brother in law or her

close relative - stay away

Check whether the girl's family is in deep debt (lot of home loans,
car loans) and their income is less than their spending

If both the girl's parent are working , be double cautious , girls with
lot of freedoms can really be troublesome

Make sure there is not much difference in economic status between

your family and girl's family

Make sure the girl is a good match to you physically. (example if

she is fat and you are too thin, stay away)

If the girl starts saying things like "I love you ,etc." before
marraige , just do not get melted , 90% of the time she may be just
acting as told by her parent.

if the girl has got a close lawyer relative and the lawyer is not
earning much from his practice, be extra cautios. Verify whether the
lawyer is ready to fight a fake 498a case.

If the girl is very hot tempered , better to avoid

If you belive in astrology , for God's sake get both of your kundali
matched by a good astrologer

If you are not taking any dowry , better put in writing that "No
dowry was exchanged in this marriage" in a stamp paper and get it
signed by the girl and her parent

How are you at risk and why it is dangerous for the society?

Your wife/daughter-in-law who's demands are not met can make a written
false complaint of dowry harassment to a nearby police station. The husband,
his old parents and relatives are immediately arrested without sufficient
investigation and put behind bars on a non-bailable terms. Even if the
complaint is false, you shall be presumed guilty until you prove that you are
innocent.
498a can only be invoked by wife/daughter-in-law or her relative. Most cases
where Sec 498A is invoked turn out to be false (as repeatedly accepted by
High Courts and Supreme Court in India) as they are mere blackmail attempts
by the wife (or her close relatives) when faced with a strained marriage. In
most cases 498a complaint is followed by the demand of huge amount of
money (extortion) to settle the case out of the court. This section is nonbailable(you have to appear in court and get bail from the judge), noncompoundable (complaint can't be withdrawn) and cognizable (register and
investigate the complaint, although in practice most of the time arrest happens
before investigation). There have been countless instances where, without
any investigation, the police has arrested elderly parents, unmarried sisters,
pregnant sister-in-laws and even 3 year old children. In these cases
unsuspecting family of husband has to go through a lot of mental torture and
harassment by the corrupt Indian legal system. A typical case goes on for
years (5-7 years is typical) and the conviction rate is about 2% only. Some
accused parents, sisters and even husbands have committed suicide after
time in jail.