Section 498a of the Ipc Essay

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SECTION 498A OF THE INDIAN PENAL CODE- A BLISS OR A BANE

INTRODUCTION
Section 489A says of cruelty by husband or relatives of husband. It says 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
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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.

SECTION 498A-A BANE
Section 498A has been adjudged as a bane because of the following criticisms:- 1) Criticism by the Judiciary- The Supreme Court of India and the various High Courts have noted the gross misuse of IPC 498A in various judgments: Supreme court declared 498a as "Legal Terrorism" while giving judgment in matter of Sushil Kumar Sharma Vs. Union of India (UOI) and Ors - Jul 19 2005 (Citation: JT 2005 (6) SC 266). 2) Criticisms outside India- Several reports of the abuse of Section 498A have involved couples based outside India especially in the US & Canada. A number of US men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the US citizen’s inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the US citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American’s passport, and he must remain in India until the case has been settled. 3) Criticisms by Men’s Rights Movements- According to the Men's Rights movement in India, the laws suffer from the following

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