Section 498A of the Indian Penal Code (IPC) deals with cruelty by a husband or his relatives towards a married woman.
This section was added to the IPC in 1983 to provide a
legal remedy to married women who are subjected to cruelty by their husbands or in-laws. The offence is cognizable, non-compoundable, and non-bailable.
Under Section 498A, if a husband or his relatives subject a married woman to cruelty, they can be punished with imprisonment for a term that can extend up to three years and a fine. However, it is essential to note that the accused can be punished only if the prosecution proves their guilt beyond reasonable doubt.
After a complaint is filed under Section 498A, the police are required to conduct an investigation to collect evidence to prove the guilt of the accused. The police may also make an arrest based on the complaint filed, provided they have enough evidence to prove the offence.
The time limit for filing a charge sheet in a 498A case is prescribed under the Code of Criminal Procedure (CrPC), which is the governing law for criminal trials in India. As per Section 173(1) of the CrPC, the police must file a charge sheet within 90 days from the date of arrest of the accused.
However, in cases where the accused is not arrested, the police must file the charge sheet within 60 days from the date of the complaint. If the police fail to file the charge sheet within the prescribed time limit, the accused can apply for bail, and the court may grant them bail.
It is crucial to note that the time limit for filing a charge sheet under Section 498A can be extended by the court if there is sufficient cause shown by the prosecution. The court may extend the time limit on the application of the prosecution if it is satisfied that the investigation could not be completed within the stipulated time limit for reasons beyond the control of the investigating agency.
In conclusion, the time limit for filing a charge sheet in a 498A case is 90 days from the date of arrest of the accused and 60 days from the date of the complaint if the accused is not arrested. The court can extend the time limit if the prosecution shows sufficient cause for the delay. It is important to note that the prosecution must prove the guilt of the accused beyond reasonable doubt to secure a conviction under Section 498A of the IPC.
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