False allegations under Section 498A of the Indian Penal Code (IPC) and Sections 83 & 84 of the Bhartiya Nyaya Sanhita (BNS), 2023 can have severe legal and social consequences for a husband and his family. Here’s how a husband can safeguard and defend himself against such false cases:
- Understanding the Laws
Section 498A IPC (Now Section 85 of BNS, 2023) deals with cruelty by a husband or his relatives against a wife and is a cognizable, non-bailable, and non-compoundable offense.
Section 83 BNS (2023) pertains to abetment of suicide due to cruelty in a matrimonial relationship.
Section 84 BNS (2023) covers dowry-related harassment and demands.
Since these laws are often misused, the Supreme Court and High Courts have laid down safeguards to prevent their abuse. - Immediate Steps for Protection
A. Gather Evidence & Documentation
Keep copies of WhatsApp messages, emails, call recordings, and CCTV footage that may prove your innocence.
Maintain records of financial transactions, medical reports, and past complaints (if any).
Preserve any proof of non-involvement in alleged acts (travel tickets, alibis, witness statements).
B. Anticipatory Bail (AB) under Section 438 CrPC
If there is an apprehension of arrest, immediately apply for anticipatory bail in the Sessions Court or High Court.
Courts now consider misuse of 498A and may grant bail if a prima facie case is weak.
C. File a Counter Case (If Necessary)
If the wife is making false allegations, consider filing cases under:
Section 211 IPC – False charges with intent to harm.
Section 182 IPC – False information to a public servant.
Defamation (Section 499 & 500 IPC / Civil Suit for Damages).
Section 9 Hindu Marriage Act (Restitution of Conjugal Rights) if she has left the matrimonial home without reason. - Legal & Strategic Defenses
A. Approach the Police & Higher Authorities
If the police act unfairly, approach the Superintendent of Police (SP), Commissioner, or Human Rights Commission.
File an application under CrPC 482 (Quashing of FIR) in the High Court if the case is clearly false.
B. Supreme Court Guidelines on 498A Misuse
In cases like Rajesh Sharma & Ors. v. State of UP (2017), the Supreme Court directed that no automatic arrests should be made under 498A and that a Family Welfare Committee should investigate first.
C. Mediation & Out-of-Court Settlements
If the wife is open to negotiation, mediation can help resolve the dispute amicably.
Always consult a lawyer before agreeing to any settlement. - Protecting Your Family & Career
Educate family members about their rights and avoid verbal or physical confrontations.
If a false complaint affects employment, seek legal advice on protecting your job.
Social media caution: Avoid discussing the case online, as it can be used against you in court.
Conclusion
A false case under 498A or Sections 83 & 84 of BNS can be devastating, but early legal action, evidence collection, and a proactive approach can help protect a husband and his family. Always consult an experienced criminal lawyer for proper legal representation.
Would you like assistance in drafting legal applications or complaints? Call Us On +91 9211732039 / +91 9891045644.
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