498a Guidelines – whether applicable to additional offences

Ask Legal Question (Free) Forums Criminal Law 498a Guidelines – whether applicable to additional offences

Ask a New Legal Question (Free)

Tagged: 

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months ago.

  • Author
    Posts
  • #3668

    Hello,
    From time to time Supreme Court has issued guidelines wrt misuse of 498a. My sister-in-law has filed six more sections along with 498a. These sections include attempt to murder, molestation, 377, breach of trust, intimidation etc. We were shocked to see so many sections in FIR and we had to google search each of them. Are the SC guidelines applicable for these additional sections also? I and my husband stay in Hong Kong. My brother is in Montreal. Do we need to leave our jobs and come over to India to fight these cases?

  • #3682

    Usually, the guidelines that have been issued relating to misuse of Section 498-A IPC are applicable to related offences such as those under Section 406 IPC, offences under Dowry Prohibition Act, etc. For example, see the recent Supreme Court decision in Rajesh Sharma v. State of UP (decided on 27th July 2017) wherein one of the directions of the Supreme Court was “Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area”.

    But, ultimately, it will depend on detailed facts of the case as to whether a related / connected offence is completely independent or is related to 498-A IPC offence. Let me point out, however, that it is rare to see offences under Section 377 IPC, Molestation (under Section 354 IPC) also being applied in an offence under Section 498-A IPC, as you have mentioned from your case.

    Depending on facts of your case, you may apply for quashing of the FIR (qua you) or for discharge from the case. If you succeed in the same, the case ends in so far as you are concerned. Even if quashing of FIR or discharge does not work for you, you don’t have to leave your jobs in other countries, but you may have to attend the court hearing in India if summoned to do so. If you don’t attend court hearing in India despite court summons / warrants, then the police may have to resort to extradition / deportation. However, these are lengthy procedures success of which is not guaranteed.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

Facebook Comments

[Note: These Facebook Comments are not monitored by Forum Editor. Hence, they may not be replied to. If you want to ask a free legal question, click here.]