Valid proof against 498a

1. SMS Language do not make the experts to make understand the real problem and advise accordingly, avoid.

2. None of the above recording can save your skin, in evidence

As you mentioned in your earlier post,get your AB first.These can be talked to the IO later after securing bail.If you can SATISFY him through your lawyer...satisfaction always recommended through lawyer ... you have a chance else these can be later used in the trial.

Secure Bail First on merit. Then you will have time to think about evidences

ALLEGATION U/S.498A IPC is for harassment and cruelty both physical and mental.  Conditions under Clause (a) and (b) are require to be fulfilled.  Evidences to be required to disprove that or those allegations in defense.  Bear it in mind that save and except the requirements underlined in cl.(a) and (b) of the said section any other alleged incidents of harassment and cruelty does not attract sec.498A IPC.

Mr Roy

Thanks for reply,can you pease elaborate it?

IPC 498A is as follows: -

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—


(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or


(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

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So, the definition of cruelty U/S 498A is quite clear.

Clause A) Cruelty, such a nature, which drive a wife to commit suicide or to cause grave injury or danger to life, limb or health. (Need Medical Report for this to prove).

Clause B) Harassment for unlawful demand (Dowry).

So any other cruelty which dose not fall under said Clause A & B can not be chargeable U/S 498A.

Please go through the complain and find out what type of cruelty is written there. Whether it falls under aforesaid clauses or not.

@Mr.Sagar Jadhav:  It will be too early to make any comment about the evidences in your possession.  First get yourself enlarged on bail and then during interrogation/investigation by the police on her complain, you may inform the police about their false case,if the police are not convinced and they are bent upon proceeding with the complaint as it is, you may challenge the same during trial which will be more easy platform to prove your case.  Secure the evidences for whatever worth it is.

You have been rightly advised to secure bail.

Also get the transcriptt of these recordings made to attach with all replies etc. Hope the same recordings are held on original device. Otherwise it would not be admissible.

Regards,