Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Kerala High Court Bench: Bechu Kurian Thomas, J. Xxxxx vs State of Kerala on 25 August 2025 Law Point: Custodial interrogation not necessary; anticipatory bail granted with limited custody and strict compliance conditions JUDGEMENT 1. This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’). 2. […]
The Kerala High Court granted anticipatory bail to a police officer accused of sexual assault under the claim of “false promise of marriage.” The Court held that when the woman was already in a subsisting marriage, such an allegation cannot be sustained in law. Brief Facts of the Case The petitioner, Mahesh V.M., a Sub-Inspector […]
Court: Kerala High Court Bench: Justice P.V. Kunhikrishnan xxxxxxxxx Versus xxxxxxxx on 16 December 2024 Law Point: Anticipatory bail in pocso case to father & grandfather JUDGEMENT 1. These Bail Applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. These two bail applications are connected, and therefore, I am disposing of these […]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have […]
Steps in 498A Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra This is the first step for 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed of The Bharatiya Nyaya Sanhita, 2023) in most states. A complaint is lodged in the Police Station, which is transferred to the CAW […]
HIMACHAL PRADESH HIGH COURT JUSTICE Sandeep Sharma Indu Bala Vs. State of Himachal Pradesh On 22 May 2018 Law Point: Sections 498A, 304B, 34 — Normal rule is of bail and not jail — Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment, character of accused, […]
Court: Chhattisgarh High Court Bench: JUSTICE Pritinker Diwaker Sanjay Kumar Manwani (Dr) Vs. State of Chhattisgarh On 21 May 2018 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Section 4 — Anticipatory Bail — Cruelty — Common Intention — […]
Court: Jharkhand High Court Bench: JUSTICE Anant Bijay Singh Shekhar Pandit @ Sekhar Vs. State Of Jharkhand & Anr. On 11 September 2017 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 323, 325 — Anticipatory Bail — Cruelty — Hurt — Grievous Hurt — Petitioner-husband of […]
Court: Andhra Pradesh High Court Bench: JUSTICE B. Chandra Kumar T. Kaleem & Ors. Vs. State Of A.P. On 17 January 2014 Law Point: Criminal Procedure Code, 1973 — Section 438 — Indian Penal Code, 1860 — Sections 498A, 34 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Anticipatory Bail — Cruelty — […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Vikul Bakshi Vs. The State (NCT of Delhi) On 19 January 2016 Law Point: The petitioner has joined investigation. The parties were acquainted with each other before the incident. Physical relation between the two took place allegedly on pretext of marriage. Petitioner is granted anticipatory bail. […]