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498A IPC: Procedure of Arrest

Hitesh D
Hitesh D
  • Apr 19, 2023
  • 8 min to read
498A IPC: Procedure of Arrest D

498A IPC is a section of the Indian Penal Code (IPC) that seeks to protect women from harassment and cruelty from their husbands and in-laws. It defines cruelty as any act done by a husband or his relatives that causes mental or physical harm to a woman. It is a criminal offense that can lead to imprisonment and fines. The procedure for arrest under 498A IPC is a complicated legal process that requires knowledge of the Indian Penal Code as well as of the Criminal Procedure Code. When a woman has been subjected to cruelty as defined under 498A IPC, she may file a complaint with the police. The police then launch an investigation into the case. After the investigation, if they feel that there is sufficient evidence to prove the offense, they will issue a warrant of arrest against the accused. The procedure for arrest under 498A IPC is similar to the procedure for arrest in general. The police officer must inform the accused of the nature of the offense, and the accused must be provided with a copy of the warrant. The accused must also be informed of their right to legal representation, and they should be allowed to make arrangements for legal representation. Once the accused has been arrested, they will be taken to the police station for further interrogation. During the interrogation, the accused may be asked questions about the circumstances of the offense and any possible witnesses. The accused must answer all questions truthfully and cooperate with the police. If the accused refuses to cooperate or is found to be lying, they may be charged with obstruction of justice. The accused may also be subjected to a medical examination to determine if any physical harm was done to the woman. If the medical examination reveals any evidence of harm, it can be used as evidence in the case against the accused. After the interrogation, the accused will be presented before the magistrate. The magistrate will decide whether the accused should be allowed to post bail. If bail is granted, the accused will be released on bail until the date of their trial. If bail is denied, the accused will be kept in police custody until the date of their trial. At the trial, the accused will be required to present their defense and any evidence they have to support it. The court will then make a decision based on the evidence presented and the arguments of the prosecution and defense. If the accused is found guilty, they may be sentenced to jail time and/or a fine. The procedure for arrest under 498A IPC is a complicated legal process that requires knowledge of the Indian Penal Code as well as of the Criminal Procedure Code. It is important for anyone facing charges under 498A IPC to seek the legal advice of a qualified lawyer to ensure that their rights are protected and that they are provided with the best possible defense.

Hitesh D
Hitesh D

Law Practitioner since 2016 with appearances in the High Court, Criminal, Civil and Family Courts with focus on dispute resolution. Have several years of experience in handling Criminal, Civil, Family law, Arbitration and Real estate cases. Believe in expeditious & cost effective disposal of all disputes. Above all, value the confidentiality of all information provided by my clients.

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February 14, 2019

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