How to get Acquittal in Section 498A IPC.

ACQUITTAL IN 498A CASES

All women centric laws in India are mostly misused by women. This observation has been done by the Hon’ble Apex Court in catena of cases. Section 498A is based upon the assertion that the married women have been subjected to Cruelty/Harassment (Definition provided under section 498A IPC) by the Husband or his family members.

Acquittal in 498A cases totally depend upon the fact stated in complaint, contents of charge sheet and documents Annexed with the charge sheet.

1. Physical Cruelty: If no MLC is there in chargesheet, then there are 99.9% chances that acquittal will be there a Physical cruelty of any sort shall be discarded.

2. Mental Cruelty: Can be ascertained from statement of complainant and all the other witnesses. If the alleged incidence is not specific and particular, then provability of cruelty is mammoth task.

3. Section 406 IPC (Criminal Breach of Trust) is a section which is always accompanied with Section 498A. For acquittal in Section 406 IPC Jewellary bills are utmost important along with financial capacity of father of woman, to spent amount in marriage as mentioned in complaint. In absence of jewellary bills and financial capacity of parents of the complainant, charges U/s 406 IPC succumb.

4. Cross examination of complainant (wife): Cross examination of complainant wife is crucial, there must be major contradictions which should be culled out from the statement of wife in complaint and statement on oath made in court.

5. Investigation Officer Statement in Court: Contradictions can be culled out from the statement of the Investigation Officer. Sometime few grave sections are also attached with the chargesheet however, mode and method of doing investigation is same in all cases which led to creating loop in chargesheet and that can be easily transpired while going to the chargesheet.

Argument: Last but not the least Final Argument accumulating all the facts and evidence in chronological orders.