498a
Alpesh Makkampara
(Querist) 23 February 2014
This query is : Resolved
My wife filed 498a against my family and my sister. My sister has 7 months pregnancy.
How to get exemption for her?
Advocate M.Bhadra
(Expert) 23 February 2014
Once complaint is lodge by your wife u/sec. 498a IPC in a Police Station and if it is treated as an FIR then you(whose name in FIR) have to get anticipatory bail from District or High Court to avoid arrest.
Rajeev Kumar
(Expert) 23 February 2014
The persons made accused in complint they seek AB from District court/ HC.
Rajendra K Goyal
(Expert) 23 February 2014
Agree if the FIR has been lodged, person can be arrested. Move for anticipatory bail. Contact local lawyer.
Devajyoti Barman
(Expert) 23 February 2014
No one gets any exemption from trial.
All of you including your sister will have to apply for bail.
Go for anticipatory bail from high court. The chances are higher from high court.
Nadeem Qureshi
(Expert) 24 February 2014
if the matter is pending before court for trial then file an applicatiin under section 205 of Cr.P.C
Biswanath Roy
(Expert) 24 February 2014
Sec.205 Cr.PC is applicable for dispensing personal attendance of an accused in the court and to appear through a lawyer instead. This section does not qualify an accused from exemption from the charges even if the accused is carrying a baby However under subsection 1 of SEC.205 Cr.PC EMPOWERS A MAGISTRATE to apply his discretionary power to exempt any accused from personal attendance during the course of hearing and to represent by a lawyer. The question as to when this discretionary power should be decided after giving due consideration to all the attendant circumstances, viz;
1. Social status, custom and practice of the accused;
2. The nature of the offence;
3. Whether the personal appearance of the accused is essential for the proceedings ;
In other cases the court, should use its discretion to exempt the following persons from personal attendance, in cases involving no moral turpitude. Namely,-
(a) Purdanashin woman,
(b) Old and sickly person,
(c) Factory workers and labourers,
(d) Busy business people and public functionaries,
(e) The accused , in a complaint case, belonging to a different District or State.
T. Kalaiselvan, Advocate
(Expert) 25 February 2014
