Bail in 498a
Bail in 498a without visiting India, is it possible?
Overview of Bail in 498a
The matter of Bail in 498a is often misused and people are usually not aware of the legalities involved with it. Even the Supreme court of India has quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted. But how can one apply for Bail in 498a online?
At Law Advisor India, we’ve figured out the least tiresome and most cost effective procedure of Bail in 498a. Click the button below for free legal advice from expert NRI lawyers.
Procedure of Bail in 498a
• Step 1: NRI LEGAL CONSULTATION
Our first step in the process of bail in 498a is to understand the section under which you are facing the charges along with identifying the best type of bail pertaining to that section. Under certain sections this may include understanding if you’re a proclaimed offender and if quashing of the order is the best solution.
•Step 2: FINALIZING THE BEST LAWYER WHICH SUITS YOU THE MOST
Following up with the initial consultation and upon understanding your exact query, we will finalize the best lawyer for your bail in 498a. Our very resourceful NRI criminal lawyers as well as your personalized case manager would be available on call 24*7 at timings which suit you the most. The aim is to simplify the process of bail in 498a for you and to provide you with an expedited freedom from the false charges imposed on you.
•Step 3: SUBMISSION OF DOCUMENTS
For bail in 498a, documents including address proof, identity proof, copy of FIR will be needed to submit to the NRI criminal lawyer appointed to you.
•Step 4: FILING BAIL IN THE CONCERNED COURT
Your lawyer will file the application needed for bail on your behalf in the concerned court.
•Step 5: COURT HEARING AND ARGUMENT
Upon successful filing of the application, based on the complexity of your bail offence, you will either be summoned to the court or your lawyer will suggest to you the alternate ways to getting bail in India from usa or your resident country.
Documents Required for Bail in 498a
Why Law Advisor India?
Law Advisor India along with the panel of effective and resourceful NRI lawyers provides fastest NRI legal services. If you’re an NRI and are stuck with any legal work in India. We ensure we’ll get it done for you in record time.
Recent blogs on NRI divorce:
Best NRI Lawyers near you
Best NRI Lawyers in India
Book an Appointment
FAQs about Bail in 498a
A power of attorney is only a medium through which the procedure of the cases is dealt. All the titles and details are those of the client only.
Principal/Grantor/Donor- The person who permits the power to the other person to act on his behalf.
Attorney/Agent/Donee- The person to whom the power is permitted
The chargesheet of 498a as of this issue will be filed under the name of the accused name along with that person’s details and not the Power of Attorney himself.
The charges of 498a will only be applicable in India and not in the country where you are staying. So, in order to seek redressal you might have to hire a power of attorney if the matter is taken to the Indian court.
It has however been seen that Indian laws have numerous loopholes that need to be identified. Below is a list of lawful remedies that one can use for protection against section 498a if a woman decides to abuse the law and threatens to record a false case for personal gains.
While fighting the 498a case, the extent of the case will depend largely on the evidence produced before the court and how competently your lawyer fights in the court representing your case.
1. Collect all Evidence & Documents:
The first step in proving a false allegation would be to gather all substantial material elaborating well on the 498a case details. You must start collecting as much evidence as possible, which includes:
1. Any discussion between you or your family member with your wife or her relatives like any SMS, emails, letters, call recordings, etc
2. Any proof that proves that your wife moved willingly out of your house
3. Any proof that shows no burden for dowry were made before or after the wedding
2. Anticipatory Bail:
If an FIR is filed under Section 498A, employ a criminal defense lawyer and get an anticipatory bail to avoid arrest of yourself or your family members. Anticipatory bail is like a defensive bail in case police move ahead to arrest. You can file for anticipatory bail for security against section 498a IPC case under Section 438 of CRPC.
Sometimes certain conditions may impose while filing for an anticipatory bail like depositing a demand draft of certain sum in the name of wife and the complainant as a part of maintenance.
3. 498a FIR Quashed:
You can also obtain the false 498a FIR quashed by High Court under Section 482 of CRPC. Courts are generally unwilling to quash an FIR or interfere in the law and order process, but if you have enough proof, the court has the power to quash the false 498A FIR filed by your wife.
4. File an FIR against your wife for false 498A objection:
You can also file an FIR in opposition to your wife for blackmailing or filing a false 498A case. Police in India commonly do not favor such FIR, but if the case is full of evidences, the police cannot contradict to file an FIR against the wife.
The complaint should be drafted by a fine criminal lawyer so that the police cannot refuse it on any grounds. If the police refuse to record FIR, you can file a written grievance against the police officer, with the Superintendent of that police station.
5. File a suit for Restitution of Conjugal Rights:
If your wife has left her marital home and went back to live with her family, you can file a suit for RCR i.e. restitution of conjugal rights under the provision of Section 9 of Hindu Marriage Act. Cite all the terms and conditions that she’ll have to pursue to start living with you once again.
6. File a defamation case against fake 498a case:
You can also file a defamation suit against your wife for maligning your image by filing a fake 498a case against you.
You can hire an attorney who will be able to look into your legal matter instead of assigning your mother to represent you. If you would like to fight him under 498a case, then you should be aware about the Indian laws and also the documents as an evidence will make your side of the story more rigid.
But if any of the authorities will find out that your allegations are false under 498a, then you will not be able to even convict him under cruelty.
Hence, only accuse your spouse of the crimes that he has committed. You can easily find an attorney who might even take your case pro bono which means free of cost.
Most significantly, the victim i.e., female must be married to the person to register a case under 498A case proceedings. Even the second wife holds the right to file a case against her husband and other perpetrators for subjecting her to cruelty and harassment.
But any other woman who is not in a marital relationship with the person cannot file the complaint about the cruelty she has gone through under Section 498A of IPC. The complaint can either be filed by the aggrieved woman, or any other person related to such aggrieved woman by blood, adoption, or marriage. In fact, it can be a public servant also who is notified by the State government.
There is a certain time limit within which the complaint has to be filed. As per section 468 CrPC, the complaint regarding the offenses under 498A must be filed within the time period of 3 years from the time the alleged last incident of cruelty happened. Exceptionally, cognizance of such offense can be cognizable by the court even after the limitation period when there is a dire need for justice.