Legal Question in Criminal Law in India

498a Section 3 of Dowry Prohibtion Act

498a filed in 2004, now in the cross examination the father in law and mother in law, wife etc have given confessional admission that they gave dowry and signed it. Since the Section 3 says giving and taking dowry is a prohibited can I now tell the police/court under 156(3) to file a case non - bailable, cognizable and non - compoundable offense on the father in law , mother in law and accomplices. Will doing so cause any trouble to the ongoing 498a legally?


Asked on 9/12/08, 1:42 am

5 Answers from Attorneys
Sanjay Shah Shah & Shah

Re: 498a Section 3 of Dowry Prohibtion Act

no you can file a complaint case under section 200 cr.p.c. as well as appoach the court under section 156(3) and its a right time. you can file all the relevant papers such as their own evidence etc.

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Answered on 9/12/08, 3:36 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 498a Section 3 of Dowry Prohibtion Act

Yes you can

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Answered on 9/12/08, 5:25 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: 498a Section 3 of Dowry Prohibtion Act

please confirm your position . If you are going to be confimred by making them accused then don't think of the same . Please proceed if and only if your case is trong enough and is established to be fake and concocted then only think of such steps

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Answered on 9/14/08, 1:29 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498a Section 3 of Dowry Prohibtion Act

Instead of invoking Section 3 of Dowry Prohibition Act, you may better consider filing a petition under DVA besides pursuing your 498-A case.

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Answered on 9/12/08, 5:58 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 498a Section 3 of Dowry Prohibtion Act

You want a new case to filed against yourself and your in-laws? If yes, go ahead.

With your acceptance of statement of your in-laws about giving/taking dowry as true, you may well be convicted.

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Answered on 9/13/08, 4:58 am


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