How To Defend False Case Of Domestic Violence And Dowry?

Different countries have identified the offence of domestic violence and dowry as a serious threat to an individual’s total development. It is a breach of fundamental human rights. Dowry is one of the worst social disasters our country has ever face, and no educated society should have to tolerate it, hence every effort is being make to eliminate this vile practice. Domestic violence at home has also been recognize as a severe crime in India. It is define as violence that has an impact on an individual’s life, including physical, emotional, and mental disturbance.

There are many laws which protect women against these rights. As every good thing has something bad, likewise, there are cases of abuse of these laws by many women. Women file false cases of domestic violence and dowry against men, as there is no protecting the men from domestic violence so women take the unethical benefit of these laws. There are several examples in which women use their rights to file false complaints against their spouses with the intent of harassing them.

Women use the weapons called Section 498A IPC, which is now section 85 and 86 of the BNS and Dowry Act to file a false complaint to attack their husbands. Sections 85 and 86 of BNS a provisions under which a husband, his parents, and relatives can be book for subjecting a woman to cruelty to meet their unlawful demands.

The implication for the husband and the family

The offences under 85 and 86 of BNS are non-compoundable and non-bailable which makes them strict. If the complaint has been file then the chances of compromise between the parties are minimal and every person whose name is add to the complaint will be blame in the eyes of the law.

Under sections 85 and 86 of BNS, the wife or any of her family members can file a complaint against the husband’s entire family for mental or physical cruelty. Likewise, the husband can be charge under the Dowry Prohibition Act. This Act is also women-centric.

How to defend false case of domestic violence and dowry

• If you have received the information that the false charge of domestic violence or dowry has been make against you then you should first apply for anticipatory bail for you and your family members. Although the offence of domestic violence is non–bailable, after getting anticipatory bail this offence will be treat as bailable and you will be able to get bail on the arrest as you get in case of bailable offence.
• After this, you should start collecting evidence. It can be call records, emails, photographs etc. You should try to collect that evidence, which can give the inference that you have not taken any dowry.
• You can even raise your issue on social media. You can contact various human rights organisations. These organisations will tell you various ways to deal with such situations.
• You should hire an experienced lawyer to defend you in court. Proving your innocence is a challenging task, therefore get legal counsel promptly. Collect proof against your wife to defend yourself against her false allegations. You must support your lawyer by sharing and supplying essential information to him/her.
• Cross-examination is an important step in litigation. You can ask the question to shake the credibility of the witness. The husband can fight back the case at this stage with good cross-examination and elicit facts. Even if the charges are incorrect, you must provide sufficient proof to establish them. You also need witnesses to back up your claim that you could not have committed the violence against your wife and have always supported her. Witnesses could be neighbours, household assistants, etc. You can even claim that your wife is emotionally unstable or exhibits illogical behaviour, hence she brought false allegations against you.
• The most important thing you should do in such a situation is to maintain calm. There should not be records of violating orders of peace against you. A peaceful mind can handle any situation better.

There are many cases coming across in which the wife files false cases of domestic violence and dowry against the family and the husband. Such cases cause mental agony to the husband’s family. There are many reasons for filing such cases like to extort money, to take revenge etc. As we all know, the reputation of one’s person is the real asset. Such false cases not only cause mental cruelty but also damage the reputation of the whole family. After that even if the court gives the decision in favour of the husband, it becomes very difficult to gain that reputation. The society never gives that respect again to that family. That is why it is very important to deal with such cases very carefully and calmly.

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