Comparison: Dowry 498(A) and Domestic Violence Act

Is 498(a) and the Domestic violence act the same or different? Let’s understand this concept and the meaning with this article: What is section 498(a) of Indian Penal Code? What is the Domestic Violence act? What is the difference between the two?

Section 498(a) of the Indian Penal Code 

Section 498(a) was introduced to safeguard married woman from cruelty by the husband or his relatives, here the cruelty refers to physical, mental harm to the body or the health of the woman seek demand to meet any valuable security or for any property the main key content here for this section is demand of dowry, as dowry deaths were increasing day by day to combat such harsh incidents this section was introduced.

The complaint under this section 498(a) is filed by the aggrieved women on whom the offence is done by the person related to her by the relation of blood, marriage or adoption. 498(a) can be filed within 3 years of the incident, the essence of this section is the woman must be subjected to cruelty.

498(a) updates and latest judgments

ARNESH KUMAR V. STATE OF BIHAR

In this case the Apex Court observed that 498(a) is a cognizable and non-bail able, the women often use it as weapon rather than to protect themselves, it is often used to harass her husband and relatives, therefore the Court laid down some reasonable guidelines that the arrest must be made only after reaching reasonable satisfaction after a proper investigation conducted by the police officials.

The order of detention by the Magistrate must not be initiated casually in 498(a) therefore, the provisional bail was granted to the alleged person.

Domestic Violence Act and latest judgement

The Protection of Women from Domestic Violence Act 2005, is the act that was enacted by the Parliament of India to safeguard women from Domestic Violence. This act was brought into force by the government of India and Ministry of Women and Child on 26th of October 2006, it is different from the provision given in the Indian Penal Code.

This law doesn’t not protects any women from violence with their husband, but also from the people with whom they are in a domestic relationship.

Domestic Violence includes

Physical Abuse: – the act or any such conduct, which is by nature that cause harm, danger to life health by the use of assault and criminal force.

Sexual Abuse: – any act of sexual harassment, which violates the prestige and dignity of women

Verbal and Emotional Abuse: – this includes insult of the woman, humiliation of the woman or any threat given to cause physical injury.

Economic Abuse:- not giving the money for maintenance of a woman or her children, not giving food, medical expenses etc. prevent woman access in the house and so on.

Judgement on Domestic Violence –

Ajay Kumar V. Lata (2019)

In this case the Apex court observed that the Domestic Violence Act, 2005, the brother in law shall provide maintenance to a widow, the court rejected the allegation that sec2(q) of the DV act, which says ‘Respondent’ any adult male individual who is in domestic relationship against the individual whom the remedy is to provide. The Supreme Court stated that the brother-in-law will have to maintain the widow, as all are under the same joint family.

Difference between 498(a) IPC and Domestic Violence Act

498(a) IPC         It is a Criminal in nature        This section was added in IPC by the Parliament of India in 1983.         Complain  to be filed by married woman only· 498(a) of Indian Penal Code is a Particular category of domestic Violence.

Domestic Violence Act 2005         It is quasi Criminal in nature. The Protection of Women from Domestic Violence Act 2005 this act came into force on 26th October 2006.   Complain to be filed by a women against any male or female with whom the women is in Domestic Violence. This act has wide scope

How can Lead India help?

Lead India consists of expert lawyers who are always ready to assist the person male or female, who is in need, if he/she is a victim or falsely accused of such an act. The experts will deeply look upon the issue and help you in getting the best remedy of which you have the  rights.