As per CrPC 302, a petitioner can request per permission of magistrate to conduct and lead the prosecution case, instead of a advocate. Read more here.
Similarly, per Advocates Act Section 32, any person who is not as advocate, can appear in a particular case. Read more here.
If you have already used up/could not utilize the Discharge (before framing of charges on the Accused i.e., you and your family) and the Quash (after framing of charges on the Accused i.e., you and your family) due to lack of legal grounds or rejection by court for valid reasons and you do NOT want to go with Settlement route, read on.
Click here to understand the high-level workflow or lifecycle of IPC 498A cases for making yourself familiar with same.
While you are at it, it may occur to you that, rather than feed the lawyer, who gets fed but doesn’t deliver the results as expected by you, it would seem obvious and most sensible thing to do is to present and argue your case on your own. That is called as arguing your case as Party-in-person.
Read here for more on what Party-in-person means.
Listed below are a reasonably laid out sequence of events in a Criminal Case filed under Section 498A of Indian Penal Code (IPC). The section is available here.
Other Life Cycles: DV Case Lifecycle || Maintenance Case u/s 125 CrPC Lifecycle. Index is here.
Initial signs of facing a false criminal case u/s 498A IPC
These days awareness of women about gender-biased laws in India has enormously increased partly due to movies and men do not need any special sign to know that they (and others in his family) are going to face false matrimonial litigation. The women are telling in your face that they will hoist a false litigation and *send you to jail* (this being the sole goal). So listen/observe carefully for such utterances and record them. This is evidence. Safe guard it. Being idiotic (read still believing that the woman will come back to his home and lead a happy marital life is a oasis) is your choice. Hope you do not regret that decision later when one or some in your family die due to false litigation (and the stigma/defamation it causes to your family)
Filing of false complaint and registration of FIR
Another must-happen is that the women hoist the false complaints only at their parental home to leverage the local feelings. (caste, regional connections will be invoked). There is a bad judgment also now to support them in this. Go find it here.
Officer in charge of the Station (Station House Officer-SHO) assigns an officer of cadre Inspector to register FIR and investigate the allegations in the complaint. This person is called as Investigation Officer (I/O).
Anticipatory Bail u/s 438 Cr.P.C.
If there are any other serious cognizable offences in the FIR (Check First Schedule in Cr.P.C. book which lists some I.P.C. offences along with details such as if a case is a cognizable and/or bailable) which may attract 7 years or more punishment. Then immediately go for Anticipatory Bail u/s 438 Cr.P.C. at Sessions Court first and on failure there go to High Court. Landmark Arnesh Kumar judgment is here. The thing to note here is that once a AB is granted in a case (FIR), the protection continues until the end of trial. Landmark case law of Sushila Aggarwal is here. Another note is, no need to convert AB into Regular Bail. Do not entertain any nonsense here.
Notice u/s 41A of CrPC
Misuse of arresting Power of Police was held to be illegal and hence Apex Court directed all DGPs of all States that they issue directions to the entire Police in their states, not to automatically arrest accused person after registering FIR but to issue a Notice to all accused to join the inquiry u/s 41A of Cr.P.C. The Arnesh Kumar judgment is here.
The Result:
Arrests (only with respect to Dowry Prohibition Act offences as an example here; No 1 cause used to support most of all false matrimonial cases) reduced considerably. Didn’t stop though. Most of the I.O.s of these arrests have committed Contempt of Court by arresting the accused (Immediately approach State High Court with a Contempt Petition). A simple RTI application to National Crime Record Bureau asking “in how many arrests under this Act, a notice u/s 41A Cr.P.C. was issued” would open up the blatant disregard for the decision of Supreme Court.
Gender-wise split of arrests… See, how many mothers and sisters were arrested in false matrimonial litigation in India, only under Dowry Prohibition Act.
Obtaining Station Bail
If Police arrested you or your family members, before you obtain Anticipatory Bail, one can give sureties to Police and obtain Station Bail. No need to give any ‘fees’ to Police.
Obtaining Default Bail
Per Section 167 Cr.P.C., if I/O is unable to complete investigation within 24 hours of apprehending you or your family, he is supposed to present you before Jurisdictional Magistrate and seek Police custody. Magistrate may remand you to Police Custody for maximum 15 days.
Obtaining Regular Bail u/s 437 CrPC
If Police do not allow you Station Bail and put you in Police custody, you or your family members, can go before Jurisdiction Court and file petition u/s 437 CrPC for obtaining Regular Bail, by giving sureties to Court. No need to give any ‘fees’ to Court. Court will grant Regular Bail while imposing certain conditions.
Quashing the FIR at High Court u/s 482 CrPC
Learn what is a Quash (not squash; it is a sport) Petition and how to make good use of it at High Court here. Then read how a baseless, maliciously motivated FIR may be quashed here.
Filing of Charge sheet by I/O
I/O does investigation to gather material and witnesses supporting the allegation and based on this outcome, files a Closure report (with reasons) or a Charge sheet (u/s 173 Cr.P.C.) into the jurisdictional Court.
Minimum documents that I/O should submit to Court along with Charge sheet (this set of documents are also called as Challan)
Protest Petition
Once charge sheet is filed into the trial Court, the Court issues a notice to the de facto complainant indicating that their initial report have reached the Court in the form of a final report (which can be either a closure report indicating the police could establish the allegation in the report or a charge sheet indicating that the police could establish the allegation in the report by way of evidence and witness).
The de facto complainant can choose to object to the final report filed into the Court either or removal/diluting of sections or removal of accused from the FIR. There is no section of law from this in the Cr.P.C.
Initial Appearance in Court
It will take some time before the filing section of the Court gives a C.C. (calendar case) number to your case and issues summons to you and other accused to appear before Court and participate in Court proceedings.
On being present, these activities must happen (i) Recording Your identity and attendance, (ii) Inquiry about Engagement of own advocate or need of any Legal Aid advocate, (iii) Copies of Prosecution documents given to each accused present in Court and (iv) next date given for framing of charges.
Court provides (I/O provides actually) the following to each accused person, one copy as prescribed u/s 207 Cr.P.C.
You can obtain certified copy of any other documents by filing a copy application in copy section of the Court.
Discharge from case u/s 239 CrPC
Discharge petition helps accused person to come out of false litigation (Best case – All accused may be discharged from all offences in Charge sheet; worst case – Husband may have to face 498A IPC but other sections and accused may be discharged). Read when to invoke a Discharge Petition at the trial court itself here. There are a few good judgments pertaining to Discharge here. Read this judgement here to success in your discharge.
If your Discharge petition is dismissed baselessly (reason given by Magistrate is, every ground you raised is a matter of trail), your remedy is to file Revision at Sessions Court within limitation petition.
Framing of Charges
After conducting a hearing (hearing before charge – HBC stage) to complainant and accused, Magistrate will read out the charges from the charge sheet, in the language understood by accused and ask if he/she pleads guilty. If accused prays guilty, Magistrate will record such confession and move to next stage. If charges are denied then Magistrate will proceed to frame charges on the accused persons and issue a charge framing order.
Even though this is an interlocutory order, it is nevertheless a judicial order, so this can also be challenged at High Court u/s 482 Cr.P.C.
Begin of Criminal Trial
This is a criminal trial so all remedies available under Cr.P.C. can be gainfully invoked to benefit accused persons. The following are some.
Section 201 Cr.P.C. can be invoked if complainant tries to erase statutory (Marriage certificate, divorce decree, land/property documents) financial, medical, mobile, electronic (email, sms, whatsapp, video, audio) evidence which would destroy her case.
Section 202 Cr.P.C. can be invoked if truth is concealed and lies are recorded in complaint to police.
Section 205 Cr.P.C. can be invoked to dispense with personal attendance of accused. Standard forms may be available at/near courts. Fill, attach Rs.2/5 Court Stamp and file at Bench or Filing section. Prosecution will object. During hearing, plead the grounds (distance/out-station, health, advanced age etc)
Section 317 Cr.P.C. can be invoked on a per-appearance basis, if 205 petition above is not allowed.
If you are a Party-in-person, then invoke Rule 37 of the Criminal Rules of Practice and Circular Orders 1990 for High Court of A.P. here. Due to this, one accused can represent (not plead/argue) other accused persons. Using this, ensure your parents and relatives do not suffer due to travels involved.
Section 256 Cr.P.C. can be invoked if the complainant herself is not appearing nor the Assistant PP, you can pray to Court to acquit the accused. If the complainant is represented by advocate, then to mark that stage as null and proceed further. If Magistrate doesn’t oblige, file a Memo praying same, so your prayer goes on record of Court in the case. Same, if complainant dies too.
Section 91 Cr.P.C. can be invoked to summon any document held by any authority, public or private.
Try this only after exhausting Formal communication channels with the document-holding entity and via RTI Act. Else, Court will dismiss your application. Few more remedies are here.
Quash the case u/s 482 CrPC
At any point in time during trail of this case, if there appears any grounds basis which the Court shall not proceed against accused persons, they can approach High Court u/s 482 Cr.P.C. to quash the proceedings.
Examination of Complainant and Prosecution witnesses
Examination stage has two phases: Chief Examination and Cross Examination.
While examination, evidences to support either side may be submitted to Court and get them marked/numbered.
Evidence of Complainant and witnesses
Chief Examination: Complainant gives their deposition to Court. This can be filed via an affidavit. Similarly, witnesses will also finish their Examination-in-chief.
Cross-examination of Complainant and witnesses
Cross Examination: Complainant (and her witnesses) is put questions by Defence Advocate to test the veracity of truth in her allegations. Use Section 159 (Refreshing memory) of Indian Evidence Act cleverly.
Examination of Accused and Defence witnesses u/s 313 CrPC
The landmark judgment (from 2000) which held that physical presence of accused persons is NOT required for examination, if they do not have anything to say is here. Recent Karnataka HC judgment here.
Evidence of Accused
Rarely, does the need arises for accused to produce any evidence.
Cross-examination of Accused and Defence witnesses
If presented, Accused/defence witnesses/evidences have to go through Cross examination phase.
Court’s Power to Examine Accused
The Court has power to examine the Accused u/s 313 Cr.P.C.
Arguments
Advocates take turns and introduce their arguments, based on the Examination stage and Evidences brought on record of the Court. Once Oral arguments are finished, written arguments may also be submitted to Court. This is covered u/s 314 Cr.P.C.
Judgment (Acquittal/Conviction)
After conclusion of arguments, Court reserves the judgment, as Magistrate has to write the judgment. Once ready with Judgment, Magistrate pronounces the Judgment in the Open Court in the presence of parties involved in the case.
Revision/Appeal
sfdsd
Settlement/Compromise
In Andhra Pradesh, 498A IPC is made compoundable through an amendment to Cr.P.C. (a Central Act, 2 of 1974) in 2003 under Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003 wherein both sections 494 IPC and 498A IPC were added to the list of Compoundable offences u/s 320 Cr.P.C. The sections 494, 495, 496 and 497 IPC were earlier also made Cognizable and non-bailable in Andhra Pradesh by another State Amendment.
So, this made it possible to compromise/settle 498A IPC cases (may be coupled with other offences such as 307, 406, 420, 506 IPC or Sec 3, 4, 6 of DP Act etc.) before Lok Adalat which is empowered to take up Compoundable cases as per sec 19(5) of Legal Services Authority Act 1987. So the parties can make an application to DLSA, MLSA, TLSA, as the case may be, and get their case compromised.
The high-level work flow to win the false IPC498A Case is as follows:
Hon’ble Apex Court in landmark judgment ‘R.P. Kapur Vs State of Punjab 25 March, 1960’ here has held the following to be the categories could and should be exercised to quash proceedings:
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
Searched for Indian Penal Code (IPC) 498A case related information and landed here? Not a mistake.
As someone at receiving end of a false IPC 498A case, I can understand pretty clearly your situation, intent and instinctive reaction to fight back (albeit initial shocking moments).
Section 498A was introduced by legislature with a noble intent, but like (at last count, 49 such gender-biased laws) many women-oriented laws is ruthlessly misused, left-right-center.
Consequences of misuse?
1. Innocents implicated include bed-ridden elders & minor kids in husband’s home were arrested at old and late hours of night and cunningly enough on a Friday evening. You get the point? Think.
2. Totally unrelated people are implicated, just for the heck of it, along with family members who have never lived with the Knife.
3. Thousands (‘000s) opted for suicides, due to the harassment, shame and loss of dignity and respect caused by these baseless cases.
4. NCRB statistics vividly state there things
The key thing about the Protection of Women from Domestic Violence Act is that it is Quasi-civil act meaning it’s provisions/reliefs are civil in nature and there is no penal punishment like in Criminal cases. One caveat to this is that there is “Penalty for breach of (interim) protection order by respondent” which will attract the IPC provisions.
Per section 29 of the Act, there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Do not waste your time and resources by filing revisions which are not maintainable.
Screw Up Alert:
If you do not properly strategize and time your actions in fighting this case, you may lose money in the form of Interim maintenance to your Knife. Be aware and be alert !!
In no scenario, your property Ownership may be transferred to OP under this Act.
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