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Procedure of 498A – Steps in 498A

Procedure/ Steps of 498A


  1. Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra: This is the first step for 498A in most of the states. A complaint is lodged in Police Station which is transferred to CAW Cell.


  1. Reconciliation Process at CAW Cell/ Mahila Thana: CAW Cell tries for reconciliation/ settlement between the parties. This process is called mediation. Mediation can also occur at various stages like Bail etc too.


  1. F.I.R.: If there is no reconciliation or settlement at previous stage, the police register an FIR. At this stage the police can open a look out circular and other harassment may happen at this stage. It is prudent to know your rights as accused when facing criminal case.


  1. Bail/ Anticipatory Bail/ Stay on Arrest: Till recently, in most states, husbands were not granted Anticipatory Bail or Stay on arrest in 498A as it was most often coupled with 406 IPC. Police invariably asked for custody of prime accused and he was incarcerated for a day to week depending upon the state FIR was lodged. There has been a marked change in this process after Arnesh Kumar Judgment. Still it is always prudent to get Anticipatory Bail when the FIR is lodged. People in Delhi can also seek Notice Bail even while the complaint is at CAW Cell to avoid unnecessary hassles. The court at this stage can put travel restrictions or ask you to seek permission for travel abroad. Also other conditions which the court deems fit can be imposed.


  1. Police Investigation: This is the most obscure process from the accused. Police investigates the crime, mostly it is collection of bills/ statement of witnesses of the complainant.


  1. Charge Sheet:After completion of investigation, police submits chargesheet in court, which contains all the material collected by Police during investigation on which the police is basing their case. It also include statements of witnesses u/s 161CrPC and u/s 164CrPC (If any sexual crime is alleged) The accused are summoned and provided with the copy of the Chargesheet free of cost. In rarest of rare case, the police can also file Final Report at this stage. Final report means that the police has come to the conclusion that no crime is made out.


  1. Framing of Charges/ Discharge: After the chargesheet has been scrutinized by the accused/ their lawyers, the court proceeds to frame the charges, i.e. telling the accused on what crimes they have charged you. This is also the stage when the accused think that there is not enough material on record to charge him and he can move for discharge.


  1. Prosecution Evidence: Evidence is the cornerstone of all criminal litigation. Mostly the evidence is oral in 498A, i.e. Witness Statements and Cross Examination, though there can be medical/ other evidence as well. In first step the Public Prosecutor asks the witness to narrate his/ her version of facts and then the accused/ their lawyers get an opportunity to cross-examine them. Though there is no fixed sequence the witnesses are called, normally complainant is the first witness and Investigating Officer is the last witness.


  1. Defence Evidence: Once Prosecution Evidence is over, defence gets the opportunity to present its witnesses, if any, or lead any evidence. This is rarely done in 498A case. The process is opposite of Prosecution Evidence, i.e. first facts are narrated by witness and then cross-examined by Public Prosecutor.


  1. Accused are examined by magistrateu/s313 Cr.P.C.


  1. Arguments: Both sides i.e. Public Prosecutor and advocate of accused present arguments and precedents to sway the court towards their own cause.


  1. The order/ Judgment– Acquittal/ Sentencing.



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  1. Prashant May 30, 2018 Reply

    Cross will happen in my 498A case soon. As an A1 can I also ask questions to PW1-wife, assisting my advocate because my apprehension is that advocate may skip some questions which I have added and they are also important from my point of view. Though there is good understanding between lawyer and ourselves but still at the moment of cross, for not leaving any stone unturned I want to know…Thanks for all the good work you are doing.

  2. Reddy May 29, 2018 Reply

    Dear Sir,
    My wife filed 498A case against me and my relatives. Now it is in Court, we attended in last year sept 2017. Next hearing is sept 2018. Now we applied for mutual divorce. My passport is going to expire on 30-06-2018. and i have to go to abroad for official work. I was not told by court not leave the india. I am taking the court permission for passport renewal. do i need to take the court permission for going outside the India. Please clarify.

  3. Bhanu thakkar May 24, 2018 Reply

    Sir ,i want to know about 498a case. When wife has filed f.i.r case 498a .Then what are the role of police and court.

  4. samer May 16, 2018 Reply

    Dear Sir,
    Me and my parents, brother, and sister was lodged false FIR in section of 498a ,506, 34 and 3,4 Dowry prohibition act.We got AB bail from high court before one year
    within this duration we were noticed two times by IO for chargesheet in trail court but IO or any police did not come in court and Hon judge has demanded for IO due to which Hon judge did not take chargesheet, although our AB bail copy and sighn was taken by IO in some form.From that day onwards its been going to one year but police is not noticing us for chargesheet.What should we do for putting our chargesheet? Any negative affect would be gotten on my AB bail for not putting chargesheet yet.Or we will have to apply for AB bail again second time?

    • Author
      Shonee Kapoor May 20, 2018 Reply

      Bail shall be regularized. No need for fresh AB

  5. Md saleem pasha April 17, 2018 Reply

    Me and my mother boked in my wife .tat is false alligations.
    Police mention tat both party will send to lokadalat for compromise ….
    But nearly one month is calls from lokadalat..
    But my wife threating me by police come and take to serviwe with ur wife..
    What to do.?
    No chargeet hs bn done yet..just section 41 form I singed..
    But my has sucide indention

  6. Sandeep singh March 25, 2018 Reply

    My sister has filed 498a in Dec. 2015 against her husband and police has also filed charge sheet in the court in May 2016and said that crime has happened but till now nothing is happening. Can you suggest me what we should do ?

  7. kamala devi February 24, 2018 Reply

    what if the accused (husband) ran away before the 498a evidence prosecution and also in dv case…

    • Author
      Shonee Kapoor February 27, 2018 Reply

      The law would take its own course to secure his presence.

  8. N c hitender February 3, 2018 Reply

    Dear sir,
    My self accused in 498a case and in 14April we have hearing and status is on charge state my advocate was not present on last date although I have paid 80% of payment and court given me last opportunity to get the attorney can I get a legal aid other than my attorney.pls help.

  9. Tejpal yadav January 17, 2018 Reply

    sir Trial started in orissa, please help I am accused of 498a, 406, 323, RW 34 , 4 DP act. , as we wasn’t prepare for cross question and wife came during cross question dates, but my defence advocate was not able to ask relevant question from wife Nor with father in law.
    No proper cross done by defence advocate. I think my defence advocate got mingle with opposite party. After giving cross immediately wife submitted the evidences docuements which are against me.
    But there are lot of tampering done with her evidences done by her. I believe evidences are not genuine.
    Now I remove the current defence advocate and looking for new defence advocate.

    my query :
    1) Please tell Is evidences stage from wife’s end over. ?

    2) Please tell If evidence stage of documents submition done by wife then Are there any other stage where wife will come to court where we can do further cross on evidences as the evidence documents are forged/tampered.

    3) Please tell if crpc 311 will can be accepted by judge to recall them?
    what grounds should accused pray in 311 crpc so that crpc 311 will be accepted by judge.?

    4) Any other suggestion please

    • Author
      Shonee Kapoor January 26, 2018 Reply

      It is a complicated problem. Can’t be answered without looking at the documents

  10. ajay January 5, 2018 Reply

    Sir what to do first if 498 is registered where couple reside. In our cases couple and his parents live separately from 18 months but 498 a has been registered yesterday on whole family. What precautions need to take save the family members? Please guide.

    • Author
      Shonee Kapoor January 12, 2018 Reply

      Advice on such specifics can be on the basis of documents. Please use contact me page.

  11. Pravinchandra S Thakkar December 25, 2017 Reply

    Sir, our advocate we engaged in 498 a is good or pleads our case as he should. How we can check it ? My 498a case is going to run on this 20th January. The stage of my case is Prosecution Evidence. Judge has told both party lawyer that on 20th case will run. PL guide me.

    • Author
      Shonee Kapoor December 26, 2017 Reply

      How is his reputation there? As a first time litigant you can’t. So seek references.

  12. Satish Mishra December 13, 2017 Reply

    Not only for the victims or sufferers of 498a but lawyers even, this page is so resourceful. I can see the information covers almost every aspect of 498a trial and there are hardly any left. Keep us educating and informing Shonee sir. More power to you.

  13. RVD December 6, 2017 Reply

    In ‘Police investigation’ section you mentioned collections of bills. What sort of bills and who has to provide them? Or else will police gather the bills without either the husband or wife provide them? Can you clarify me.

    • Author
      Shonee Kapoor December 14, 2017 Reply

      Generally the police asks the girl to provide the bills and then get the same verified from various sources. False bills can lead to punishment. You may like to read the Success Story against False Bills

  14. Vijay October 28, 2017 Reply

    what is the procedure to get regular bail after FIR is registered and charge-sheet is not submitted in 498a?

    • Author
      Shonee Kapoor October 30, 2017 Reply

      You can surrender in the CJM court and apply for regular bail

      But why do you want to do it?

  15. Vikram chamd October 24, 2017 Reply

    I want details of DV act and old judgement…

  16. Guitar boy October 24, 2017 Reply

    What’s the average duration of a 498a case?

    • Author
      Shonee Kapoor October 26, 2017 Reply

      Not fixed. In Haryana its typically 2 years. In Delhi 7 years

  17. SS July 11, 2017 Reply

    Can we object to complainants lawyer arguing during 498a case (filed via CS)?

    • Author
      Shonee Kapoor July 25, 2017 Reply

      Yes, You can

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