• Section 498A

If my wife who is staying in another town files a section 498 A on grounds of mental cruelty and economic deprivation then how do I protect myself.

What is section 39 c r p c.
Asked 16 days ago in Family Law
Religion: Hindu

6 answers received in 1 hour.

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22 Answers

Section 39 in The Code Of Criminal Procedure, 1973.

(1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code, (45 of 1860 ), namely:-

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified in Chapter VI of the said Code);

(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);

(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) sections 302, 303 and 304 (that is to say, offences affecting life);

(va) 1 section 364A (that is to say, offence relating to kidnapping for ransom, etc.);

(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);

(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) sections 431 to 439, both inclusive (that is to say, offences of mischief against property);

(x) sections 449 and 450 (that is to say, office of house- trespass);

(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes) shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.

Section 39 of the CrPC is a procedural provision. Violation of which is not made punishable under any statute but if a person who has knowledge or reasonable belief that person is a offender can be treated as a person who is aware of the commission of  the offence and even if he is not punishable for violating section 39, CrPc, when he harbours or conceals such an offender , he must certainly be guilty for offence under section 212 IPC(For harbouring of offenders). Section 39 makes it obligatory on every person to give information , to the authorities of the commission of, or of the intention to commit the offences specified in it. Omission to do so is punishable under Ss 118,176 & 202 IPC. It proceeds on the principle that it is the duty of the law abiding citizens to report to the authorities any crime which they know has been committed .

Swarupananda Neogi
Advocate, Kolkata
2892 Answers
6 Consultations

4.7 on 5.0

If she has filked a mental curelty petition under section 498A IPC, you first obtain AB and then challenge her false clim as per law and documentary evidences on your side.

Section 39 Cr.P.C

  1. Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely—

    1. sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);
    2. sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);
    3. sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);
    4. sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);
    5. sections 302, 303 and 304 (that is to say, offences affecting life);
      va. section 364A (that is to say, offence relating to kidnapping for ransom, etc.);
    6. section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
    7. sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
    8. section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
    9. sections 431 to 439, both inclusive (that is to say, offence of mischief against property);
    10. sections 449 and 450 (that is to say, offence of house-trespass);
    11. sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and
    12. sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).
      Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

  2. For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

You need to move before High Court for Anticipatory Bail for 498 a of I P C filed by your wife against you.

After obtaining bail ,you may challenge FIR and initiate for quashing Criminal charges before High Court under section 482 Cr. P. C.1973.

Please share the contents of Notice ,if any ,received by you from the Police Station. 

Section 39 is not applicable to you.

You might have received notice  from Police Station under section 41 A of Cr. P. C.1973 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

The husband has to first prove that it is a false case by the judgment of the court stating that there is no evidence to prove the allegations hence the case is dismissed.

After that also you can sue only the police for malicious prosecution, because they only prosecuted you and not your wife.

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

You need to first take anticipatory bail for protecting yourself from arrest. 

39 crpc is giving information of the offence to police or magistrate

  1. Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely—

    1. sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);
    2. sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);
    3. sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);
    4. sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);
    5. sections 302, 303 and 304 (that is to say, offences affecting life);
      va. section 364A (that is to say, offence relating to kidnapping for ransom, etc.);
    6. section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
    7. sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
    8. section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
    9. sections 431 to 439, both inclusive (that is to say, offence of mischief against property);
    10. sections 449 and 450 (that is to say, offence of house-trespass);
    11. sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and
    12. sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).
      Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

  2. For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

If you have not ask for dowry and harass her in the matrimonial house than staying at distance place ask her to prove on which date you have harassed her. 

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0

1. There is no preventive measure to avoid 498A IPC case.  However there is nothing to worry much as after the registration of FIR you can apply for anticipatory bail which is mostly allowed. 

2. Every person is free to explore her legal remedies for which you can allege misuse of law but that doesn't mean you are without remedy. Once you get bail you win half the battle. 

Devajyoti Barman
Advocate, Kolkata
21564 Answers
311 Consultations

5.0 on 5.0

Dear Client,

She has to prove in the court. Avoid any audeo or video recording.

Jaswant Singh
Advocate, Gurugram
833 Answers
2 Consultations

4.8 on 5.0

498A is for dowry harassment 

 

if there are no allegations of dowry harassment you would be acquitted 

 

apply for Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Husband has to contest false case filed against him 

 

file case of defamation against your wife 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

You can first apply for an anticipatory bail and simultaneously contest the case with the help of evidences in your favour. 

Section 39 Cr.P.C. is an unrelated provision. It casts a responsibility on a person aware of the commission of, or of the intention of any other person to commit certain types of offences, to give information to the Magistrate or police officer regarding the same.

There is no law as such, during the course of proceedings you can contest it. The burden of proving the cruelty is on her, all you have to do is to prove that her allegations are false.

Once the proceedings terminate in your favour, you can file a suit against her claiming compensation for defamation and/or malicious prosecution.   

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

A process of mediation will start as soon as she lidhesan fir under 498A. After the mediation fails the police may start its investigation and hence you should apply for an anticipatory bail for yourself and your family.

 

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

Apply for anticipatory bail. Go for fir quashing in the high court.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file the case of restitution of conjugal rights and counter all the allegations made by the wife. Do take the anticipatory bail and protect yourself from false case by legal tricks. 

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

Go for anticipatory bail

Roshan Khatri
Advocate, LUCKNOW
132 Answers

Not rated

1. You should hire an advocate and make application for anticipatory bail before appearing before police in that complaint. 

2. Husband can only file divorce on ground of mental cruelty due to false cases against him by wife. 

3. Section 39 CrPC Public to give formation of certain offences mentioned Under Indian penal code.

Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

First of all to get the relief with regards to your arrest you can file a case for quashing of the FIR in the High Court and get the arrest stay thereafter you will have to cooperate in the investigation and will have to present your evidences

CrPC Section 39. Public to give information of certain offences

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

- As per law, your wife can file her cases from any place where she residing presently. 

- If , you think she has filed a false case against you , then you can approach the High Court for quashing /cancelling the FIR under section 498 A. 

- What is section 39 c r p c.

  1. Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely—

    1. sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);
    2. sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);
    3. sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);
    4. sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);
    5. sections 302, 303 and 304 (that is to say, offences affecting life);
      va. section 364A (that is to say, offence relating to kidnapping for ransom, etc.);
    6. section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
    7. sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
    8. section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
    9. sections 431 to 439, both inclusive (that is to say, offence of mischief against property);
    10. sections 449 and 450 (that is to say, offence of house-trespass);
    11. sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and
    12. sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).
      Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

  2. For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

Have proofs of your favour and file for quashing of FIR 

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

Section 498-A has got more to do dowry and not  with Mental cruelty and economic deprivation.

If she files false case under Sec.498-A, obtain bail and go for Quash of the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2818 Answers
9 Consultations

5.0 on 5.0

Collect documents / proofs / evidences to show your innocence and prove her falsity of her case.

If you apprehend her  actions, immediately record all calls and save messages / chats etc., same will come to your support to defend any false case filed by her.

You need to get bail and go for quash.

S Srinivasa Prasad
Advocate, Hyderabad
2818 Answers
9 Consultations

5.0 on 5.0

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