Punishment for False 498A

If you are a victim of false 498A, you should consult an expert criminal lawyer from the panel of Lead India. He will analyse the whole complaint filed by your wife and will find loopholes to prove false 498A. However, there is no direct law providing specifically the punishment for false 498A but section 211 of IPC provides punishment for false charges for committing an offence against another person with intention to cause injury is punishable upto 7 years of imprisonment or with fine.

Misuse of 498A IPC:

The current figures recommend that it is broadly misused by the women which is causing anxiety to the innocents. The Supreme Court of India has given another name to 498A and termed it as “Legal Terrorism.” Women these days pointlessly make fraudulent accusations to torture her husband and his family with the sole intention of harming the family.

How to be protected? 

The husband can file countersuit under various sections of various laws and depends upon:

1. Counter Case can be filed for defamation u/s 500 IPC for maligning the reputation of the husband and his family.
2. If the husband gets aware that the wife is criminally conspiring against the husband and the family he can file a complaint u/s 120B of IPC.
3. If the husband knows that evidence used against him is false, he can allege that he is being wrongfully framed and file a complaint u/s 191 CPC.
4. The husband can file a lawsuit u/s 227 of IPC for violation of condition of remission.
5. In the event the wife threatens the husband and his family member, a counter complaint can be filed u/s 506 IPC. 

Procedure for Protection:

Collection of evidence:

Accused must start compiling the evidences such as:

i.) Any conversation between husband and wife in the form of call recordings or text messages

ii.) wife has left her husband’s home with her own will

Get Legal Advice:

The aggrieved husband must seek free legal advice and talk to our lawyer from Lead India by contacting our experts.

Defamation case:

The falsely accused man shall file a defamation case against wife.

Restitution of Conjugal Rights:

If the wife has left her matrimonial house without any reason the husband can file restitution of conjugal rights under Hindu Marriage Act.

File an FIR:

You can file FIR against the wife for framing a man in false 498A case or for blackmailing him and his family.

This is a process which leaves the husband and his family in distress but we here at Lead India understand your issue and are here to resolve your issue with the help of criminal lawyers, divorce lawyers and the other experts, so you can ask your legal question with us.