PART A 

 

      Section 198A Cr. P.C. has clearly laid Two different procedures as directives for legal procedures for the magistrate to take cognizance of alleged  offence(s) u/s. 498A IPC in  following manners and cannot be followed in any other manner than as follows:

 

 

1.               On Police Report. 

(NB: This procedure as in common is wrongfully being used for both living and dead women(wives). Police Report is only applicable  in  dowry death of wives i.e. for cognizable offence u/s.498A IPC, and not for any other natural condition of LIVING wives vis-a-vis s.498A IPC. Refer s.113A of Indian Evidence Act 1872 that this 498A IPC is for dowry death of wives. Without dowry death of wives within 7years of marriage, any aggrieved person cannot make information of allegation to police for living wives, as if she is dead.  Police Officer of a P.S. is not entitled to register cognizable offence u/s. 498A IPC because wife remains alive.   Can Dowry death and CRUELTY(HARRASMENT) BE TREATED AS SAME DECREE OF OFFENCE u/s. 198A Cr.P.C. for 498A IPC? Answer: NO-

Magistrate cannot even entertain Police Report for living wife

u/s. 498A IPC for taking cognizance. It is also ulterior motive.

    Read also  Sec.113A of Indian Evidence Act, 1872.  And      Crl. (2^nd. Amendment) Act no. 46      of 1983.)

               OR

2.               On Complaint i.e.  NOT ON  POLICE REPORT.

[This means a Private Complaint   by living wife  to Judicial Magistrate First Class / Metropolitan MAGISTRATE of concerned jurisdiction.]

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REFER SECTION 198A Cr.P.C. FOR LEGAL OBEDIENCE BY PUBLIC SERVANTS SHALL BE  AS FOLLOWS  -

·        Section 198A Cr. P. C. Further explained:

·        198A.  Prosecution of offences under section 498A of the India Penal Code. ---- No court shall take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1860) except 

 

          1.   upon a police report  of facts which constitute such offence

 

 

                                         OR                                                                          

 

 

                    a.  upon a complaint made by the person  aggrieved by the

          

offence

 

                                  [ Or

 

          b.   by her   father, mother, brother,  sister or by  

               her father's or mother's brother or sister

                                                 or,

c.              with the leave of the Court, by any other

                                         person related to her by blood, marriage or

                                            adoption. ]

____________________________________________________________________  

PART B

·        COMPLAINT defined in Code of Criminal Procedure, 1973 (Cr.P.C.)  as follows:- Section 2 (d ) of Crl. Procedure

      Code defines complaint

2 (d). "Complaint" means any allegation made orally or in writing to a

          Magistrate, with a  view to his taking action under this code, that some person, whether known or unknown,

 has committed an offence, but does not include a police report.

 IMPORTANT:

1. "Complaint" is defined in sec. 2(d) of Cr.P.C. is only applicable in above s.198A Cr.P.C. and if there is any definition

in any other law book e.g. State's Police Manual defining complaint, it cannot be applied for procedural changes to s.

198A Cr.P.C.. 

Natural state of living or dead wives decides 498A IPC's criminal status - Offence

allegations are Cognizable offence  if  dowry death of wife is due to cruelty  

Or

the alleged offence is Non-Cognizable if wife is living despite alleged CRUELTY. (See

section 198A Cr.P.C.).   

 

Therefore, F.I.R. even u/s. 155(1) as non-cognizable and 155(4) Cr.P.C. as cognizable or

treating 498A IPC by itself as cognizable offence only for cruelty allegations by living

women, is not as per directives of  Section 198A Cr.P.C. .

 

Allegations of CRUELTY to living wives are not cognizable offence u/s. 498A I.P.C. . 

 

  Such procedures cannot be exercised and followed as it is contrary to statute’s section 198A Cr.P.C. and it does not  find place in said statute.

 

   It is settled law that when a statute mentions to do something in particular manner, it cannot be done in any other manner than as laid in statute.

 

2. Definition for "COMPLAINT" is defined in the Cr.P.C. because s. 198A Cr.P.C. requires aggreived person to make "complaint" to concerned Magistrate. See Complaint defined in

section  2(d) of Cr. P.C. that means  "not on police report" i.e. a complaint to JMFC/MM by living wife (women) or

her relatives etc. .

 

 

  The section 198A Cr.P.C. reads as follows and it cannot be over-ridden by Column 4 (summary and not law) to s.498A IPC in the First Schedule to Code of Criminal Procedures (CR.P.C.):- 

“198A. Prosecution of offences under section 498A of the Indian Penal Code . - 

 

 No Court shall take cognizance of an offence punishable under section 498A

 

of the Indian Penal Code (45 of 1860) except upon a police report of facts

 

which constitute such offence  Or upon a complaint made by the person

 

aggrieved by the offence or by her father, mother, brother, sister or by father's

 

or mother's brother or sister or, with the leave of  the Court, by any other person

 

related to her by blood, marriage or adoption." (Ref.: Sec.5 of Crl.

 

(IInd.Amendment) Act No.46 of 1983)

 

 

Read with the section 113A of Indian Evidence Act which reads as follows:-

 

 

“[113A. Presumption as to abetment of suicide by a married women  - When the question is whether the

 

commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is

 

shown that she had committed suicide within a period of seven years from the date of her marriage and that

 

her husband or such relative of her husband had subjected her to cruelty, the court may presume, having

 

regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by

 

such relative of her husband.  

 

Explanation – For the purposes of this section, "cruelty" shall have the same meaning as in section 498A of 

 

the Indian Panel Code (45 of 1860).]” 

 

i.               S.198A IPC has not being obeyed by civil and judicial authorities   despite Supreme Court has Ruled

 

 

 

 that “Dowry Death” and "Cruelty/Harassment” of living wives u/s. 498A IPC shall not be treated as same

 

 

seriopusness of offence like dowry death  by applying straitjacket formula. But in such cases straitjacket

 

 

 

formula are applied  for ulterior motives u/s. 498A IPC  by police officer and JMFC/MM by treating Dowry Death

 

 

 

and "Cruelty" to living wives as same offence:

 

 

 

 Permitting conducting through police officers for alleged cruelty to living woman(wife) with same seriousness of

 

 

offence of "cruelty death  of living woman" despite wife is alive. Such procedure is abuse of criminal precess by

 

 

wives with help of police officers  who are abetted under conspiracy by JMFC/MM by entertaining the illegal route

 

 

 

of police report  for living wives. 

 

 

 THE QUALIFYING CLAUSE CLEARLY IN FIRST SCHEDULE TO Cr.P.C. MENTIONS TO MEAN THAT SECTION

 

 

 

498A  IPC IS  COGNIZABLE IN CASE OF DOWRY DEATH THAT REQUIRES  A POLICE REPORT AS COGNIZABLE

 

 

 

 OFFENCE, OTHERWISE THE  ALLEGATIONS OF CRULETY ARE OF NON-COGNIZABLE OFFENCE.

 

 

    Cognizable F.I.R. for living wives u/s. 498A IPC umbrella, is illegal procedure for  cognizable offence for living

 

 

woman (wife). Such illegal act is done by Police Authority abs-initio, by disobeying s. 198A Cr.P.C.

 

 

 

because this unauthorised 3rd. procedure (to register F.I.R. as cognizable offence u/s. 498A IPC for living

 

 

wives  generates  such disobedience that provides  "feigned power" to arrest other women also related to

 

 

husbands e.g. mothers, sisters, aunts, grandmothers etc. and husbands themselves, FOR ulterior motives

 

 

of  LIVING WOMEN (WIVES) in illegal manner because cognizable offence is applicable as cognizable offence

 

 

in case of dowry death of  woman i.e. u/s. 498A IPC.

 

 

 

 

Any terrorism in name OF SPECIAL LAW - s. 498A IPC For living wives is illegal terrorism  when it is

 

 

started with help of Police Report at any stage as COGNIZABLE offence .

 

 

Democracy!  Legislature's Law does not legislate laws to unleash terrorism.  If does so, such laws cannot

 

 

be obeyed by judiciary too. 

 

 

·        IN 498A IPC F.I.R.s LIVING WOMEN ARE FROM SAME FAMILY OF HUSBANDS, * “PREYED” UNDER

 

 

SECTION 498A IPC  BY DISOEBEYING S. 198A of Code of Criminal Procedures.  

 

Honest police officers upto rank of DGPolice who deliberately violate s. 198A Cr.P.C. or see it being

 

 

violated, are expected to rectify their mistakes and retrace back their steps in public interest without being

 

 

afraid or otherwise to obey s.198A Cr.P.C. legislated by Parliament.   

 

 

 

PART  C

 

 

·        Do not get confused with 304B IPC (1986 law) is meant only for dowry death for same alleged crime s.498A IPC 

 

    

passed in 1983 under CRIMINAL (2nd.Amendment) Act No.46 of 1983.

 

 

 

·        The penal law has two penal embedded laws in sec. 498A IPC with two qualifying conditions for procedure for

 

 

 

     dowry death and another for living women (living wives)  for same suicide by same wife i.e. firstly 498A

 

 

 

(1983) for death in any form including suicide  and then Sec. 304B IPC  (1986) only for suicide.

 

 

 

 

 

DON'T BE VICTIM TO BLACK COLLARED CRIMES' CRIMINAL CONSPIRACY in matters of 498A IPC for Living Women (Alive

 

 

 

Wives):

 

 

 

 

       Dowry Death and Cruelty (Harassment) to Wives shall not be treated at par with same 'gravity' of

 

 

 

 

 

offence allegations.

 

 

·        Other penal sections or sections of Dowry Prohibition Act 1961cannot be tagged to s. 498A IPC by the police

 

     officer and magistrate, to change the NATURAL living or dead status of wife (woman) in any other manner than

 

     as laid in s. 198A Cr.P.C. i.e. Dead wife –

 

1.     means invoking cognizable (FIR) side of offence u/s. 498A IPC, and in case of LIVING WIFE only

     complaint case can be filed in court of Judicial Magistrate First Class or metropolitan Magistrate. For

     invoking section 498A IPC.

 

2.     If such directions of law are not obeyed as per natural form set by the Parliament for the living status

    or dead status of wives, then judiciary and police officers are not working as watchdog rather

    working as  bloodhound and Public Proecutor working as to some how get conviction or delay such that

      compells the other side to yield to extortion by living wives.

 

·        CRIMINAL INTENTIONED ORGANIZED DISOBEDIENCE OF S.198A Cr.P.C. FOR LIVING WIVES (ALIVE WOMEN):-

      

  The Section 498A IPC is non-compoundable for cognizable offence of dowry death u/s. 498A IPC and the F.I.R. is

 registered by a police station as Cognizable Offence by tagging s. 498A IPC, despite wives are alive but higher courts’

 Judges compound “non-compoundable cognizable offence FIR fabricated for LIVING WIVES” by illegally quashing it for

 living women(wives) without recording in judgment/order that cognizable F.I.R. was illegally registered in

 disobedience of procedures laid in section 198A CrPC for  (a). Dowry death of women(wives) and (b). For cruelty to

 living women(wives). 

NON-COMPOUNDABLE - Cognizable FIR u/s. 498A IPC if registered as dowry death for living women, cannot be

 

compounded. It is being compounded means judicial endorsement of illegal procedure - it will not become legal.  

         The quashing done for 498A IPC's cognizable F.I.R. with consent of wives is done after the women (wives) either

get money/wealth and/or MUTUAL consent divorce in exchange for withdrawing said false cases u/s. 498A IPC filed

for extortion. Such acts of quashing such "498A IPC FIR (Cognizable) for living women (living wives)" do not make

illegal steps from beginning (ab-initio) starting at Police Station upto the High Court - Supreme Court, as legal. These

acts remain illegal and working in disobedience of section 198A Cr.P.C. for section 498A IPC while also violating

 

Article 144 of Constitution of India by subordinate court to Supreme court.

   

      This use of "police report for living wives" is giving illegal approval to the illegal procedure in

disobedience of said procedures laid in s.198A Cr.P.C vis-à-vis Criminal (2^nd. Amendment) Act No.46 of

1983. 

 

         This promotes women(wives) leading immoral lives including marrying other man without taking divorce under connivance of police officer and magistrate (knowing or ignorant) abusing cognizable side illegally of s. 498A IPC., 

then under F.I.R. etc. the wives force to get  mutual consent divorce from prevuious husband.

Labeling illegal marriage with other man as live-in relations (without taking divorce from husband made to undergo cruelty of 498A IPC for case - in woman using illegal route of Police F.I.R..  Scope of abuse of such women (living

wives):     NB:   SC has ruled that abusers of criminal law 498A IPC are to be punished under existing laws as it generates TERRORISM - See 2005(6)SCC281

 Such enticed wives getting illegal privilege at cost of public money (living wives using Cognziable offence route u/s. 498A IPC), are having scope for further  enticed to give forced  hefty money or pleasures *to judges or magistrate of concerned area from subordinate to higher judiciary , his friends, his relatives, his political mentors and their relatives when a (corrupt) judge or magistrate was appointed on consideration of other things than his extra ordinary merits needed for higher courts in India. Such judges or magistrates depends upon other advocates. Any Unethical advocate understanding magistrate or judges incapacity to grasp law, can easily make road to get illegal orders by direct submissions  (written or oral) thinking that advocate will not misguide him. This may include using court servants to manipulate by making different insertions in court's proceedings for convenience of obtaining order contrary to material facts and contrary to law i.e. in this means  law relating to matrimonial homes being derailed in organized manner by authorities in name of wives' welfare though the intentions are not legal and are deliberately for uletrior motives.     

 

 

31 JANUARY 2008                                                                                                                                          

                                                                                                                                                 Issued by Legal Department of  MWF (NGO)

                                                                                                    KNOW THE LAW.   198A Cr.P.C FOR 498A IPC

 NEW DELHI 31/1/2008