498A – An offence covered under this section is introduced in the Indian Penal Code to combat the domestic violence and protect the women, especially from dowry harassment. This section gets into action in case of cruelty being exercised on women when
- She or her relatives are harassed and forced to give property or
- She is driven to commit suicide due to conduct of husband or any of his relatives or
- She is subjected to any conduct by husband or his relatives that may cause or likely to cause a grave injury to the life, limb or health of the woman
- She or her relatives are harassed due to inability to yield to the demands for more money by husband or his relatives.
Section 498-A, IPC is a criminal offence and hence is
- Cognizable – An offence which the police is duty bound to register and investigate the same.
- Non bailable– An offence in which the magistrate has the power to refuse bail and send the accused to judicial or police custody.
- Non compoundable offence – An offence which cannot be withdrawn by the petitioner as well.
Thus this section can be invoked by wife / daughter-in-law or her relatives.