Some Emerging trends under IPC 498a
Prime moto behind 498a insertion was to prevent the Wife from dowry harassment and for making the law effective it was made Non-bailable and non-compoundable offence but it has been observed that it been highly misused by disgruntled wives. Arnesh Kumar Judgement was passed on 02.07.2014, since then the cases have been reduced this shows the clear motive was not to empower the women but to harass and extort money from husband and his family members by immediate arrest. With this conditional immediate arrest, wifes are not interested in filing 498a as this now does not serve their purpose of extorting money.
Cases pending in the year 2015 were 51,807 and in 2016, 110378 cases were added. So the work has been increased for Police Department. Iso whether setting up of family welfare committee will help the police to reduce the pending cases.
Do you know any Law which has such a huge gap between acquittals and convictions?
The conviction rate was 14.20% of total cases filed under 498a in 2015, now with the support and activism of Men Right NGO’s like Vaastav Foundation, a steep reduction in conviction rate can be observed in the year 2016. It has now reduced to 12.20% which shows a real picture of fake cases.
With more than 5,15,904 cases pending even if courts works day and night, It wouldn’t be able to finish all the cases IN NEAR TERM SOON. FWC could play a vital role in the reduction of more new cases.
Maharashtra is falling in line with the nation in decreasing number of cases.
In Maharashtra, only 1 out of 7 cases is registered in metropolitan cities. Bursting the myth of feminists that misuse happens only in urban areas.
In last 3 years, 22,347 Cases were reported false but whether any action has been taken against wives filing fake cases??
No surprises here!! The truth was always out in open but our dear feminists will keep their eyes
A New trend emerging! Lawyers and feminists have found a new way of immediate arrest.
Prime moto behind 498a insertion was to prevent the Wife from dowry harassment and for making the law effective it was made Non-bailable and non-compoundable offence. NO IPC section is even near to 498a when it comes to arresting of Women. No wonder that Tihar Jail had to make a separate section for 498a women prisoners.
Some Facts from NCRB 2016 data of crime –
- Total no. of 498a cases registered in India (2016) – 1,10,378. These are 32.6% of total cases registered under crime against women category.
- Out of 1,10,378 498a cases, 12,218 cases were registered in major cities. Delhi being top with 3,645.
- Again in cities, 498a contributed a major portion of crime against women i.e. 29.2%.
- 498a cases have gone since Arnesh Kumar judgement (2014) since 2014. From 1,22,877 in 2014 to 1,10,378 in 2016.
- In Maharashtra 7215 cases were registered under IPC 498a. Among states highest being West Bengal with 19302.
- In Mumbai 587, Nagpur 248, Pune 379 cases were registered under 498a. Among cities, Delhi, Hyderabad & Jaipur topped the list.
- In 2016, 6745 cases under IPC 498a were considered false as per the final report. 2958 cases were considered as a mistake of facts. 8308 were considered as true but insufficient Evidence.
- 91810 chargesheets were submitted in the court of 498a cases. Chargesheeting Rate 83.3%.
- The total Number of 498a cases went for trial (including pending of previous yrs) – 5,69,685. More than 4,77,000 were pending from previous years.
- In 2016, Only 5,433 cases where conviction happen. As compared to 39,248 cases of acquittals. Conviction rate is 12.2%. Lowest among the IPC sections.
- Cases pending during the trial at the end of 2016, 5,15,904. Remember in 2015 it was around 4,77,000. More and more cases piling up with 90.6% pending rate!
- Total no. of arrest were 1,98,851 under IPC 498a. Whereas people chargesheeted were 1,68,053 (Lesser than the ppl arrest). Even if we consider all charge sheets to be true, still more than 30,000 innocent ppl were arrested.
- 38817 females arrested in 2016 under 498a. Again less female being charge sheeted 31,734. The so-called Law made for women going against women!
- In cities, only 259 cases convicted. Whereas 2464 cases acquitted. Conviction rate 9.5% lesser than of national average (12.2%).
- 169 children below the age of 18yrs were arrested under IPC 498a in 2016! Do they even know the meaning of dowry???
- 5371 senior citizens aged more than 60yrs were arrested under IPC 498a in 2016. Most of them can’t even walk forget about beating!
- Unnatural offences (IPC377) has shot up almost doubled since Arnesh Kumar Judgement. In 2014, 1148 cases whereas in 2016, 2187 cases.
Data analysed by Bhaskar Vatsa, Milind Kadam, ChandraPrakash and Satish Kute.