Death Of 498a As We Know It
Supreme Court has given another set of guidelines to stem the misuse of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023). On first reading, I was ecstatic that such exhaustive guidelines were given by the Supreme Court to curb the misuse of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023). But after careful perusal, there are still gaps that unscrupulous women can exploit.
Supreme Court yesterday in Rajesh Sharma & others Vs State of UP & Anr, gave exhaustive guidelines to curb the misuse of 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023).
So, what does this judgment say? What are the implications of the same for the new fighters? Here, it is a point-by-point exploitation.
- In every district, one or more Family Welfare Committees are constituted by the District Legal Services Authorities, preferably comprising three members. The constitution and working of such committees may be reviewed from time to time and at least once a year by the District and Sessions Judge of the district, who is also the Chairman of the District Legal Services Authority.
- The Committees may comprise paralegal volunteers, social workers, retired persons, wives of working officers, and other citizens who may be found suitable and willing.
- The Committee members will not be called as witnesses.
- Every complaint under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) received by the police or the Magistrate be referred to and looked into by such committee. Such committee may interact with the parties personally or by telephone or any other mode of communication, including electronic communication.
- A report of such committee is given to the Authority by whom the complaint is referred to at the latest within one Month from receipt of the complaint.
- The committee may give a brief report about the factual aspects and its opinion.
- (g) Till the report of the committee is received, no arrest should usually be effected.
- The Investigating Officer or the Magistrate may then consider the report on its merit.
- Committee members may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
- The committee members may be given such honorarium as may be considered viable.
- It will be open to the District and Sessions Judge to utilize the cost fund wherever necessary and proper.
This means that the Supreme Court has said a committee of Three members would be formed in all districts. All complaints filed to the Police and Magistrate would be referred to such committee and the committee within One Month from the date of the complaint. And until the committee report is received, arrest should not be made. However, the committee’s report is not binding on the police or the Magistrate.
- Complaints under Section 498A(Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not least one week) as may be considered appropriate. The training may be completed within four months from today;
- In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including the closing of the criminal case if dispute primarily relates to matrimonial discord;
It also makes it incumbent on the government to designate trained investigative officers. When a settlement is reached, the same should be closed at the District and Sessions Court level, and it seems that going to HC/ SC for quashing of the complaint.
- If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/ complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not be grounds for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. In dealing with bail matters, individual roles, prima facie truth of the allegations, the requirement of further arrest/ custody and interest of justice must be carefully weighed;
The judgment does not bar any arrest in 498A but creates confusion in bail. Can the court grant a bail order for maintenance for wife/ minor children? If this happens, it would be the most significant detriment in curbing misuse of 498A.
- In respect of persons ordinarily residing out of India, impounding of passports or issuance of Red Corner Notice should not be a routine;
- It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and
- Personal appearance of all family members and particularly outstation members may not be required, and the trial court ought to grant exemption from the personal appearance or permit appearance by video conferencing without adversely affecting the trial’s progress.
This is the most significant relief that would come out of this judgment. NRIs and People who travel a long distance and fight multiple litigations in courts would benefit from this judgment. The mandate is to club all cases, whether they happen or not, and also to grant an exemption to NRIs and People who must travel long distances to attend court cases.
- These directions will not apply to offences involving tangible physical injuries or death.
And this is the saving clause: in the event of grave physical injury or the death of the lady, these directions are infructuous, and the law would take its course.
Since the time this article was published, there has been a marked change in the guidelines issued by the Apex Court regarding the procedure to be followed in 498A IPC (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) complaints. You can view my article on The New Phase of 498A to learn the current guidelines.
28 Comments
My wife misuse the law after 17years of marriage in july 2014 case file under DVact at panchkula distance200km and I am patient of Diggestion system IBS from July 2018 case on stage argument condisational warrants for payment rs.80800 I and my 70 years old mother appear in court and prayer that jajsahab we submitted rs.10000 but sir my19years old son witness against his mother so please complete the argument at last 4.30 tak petitioner or her advocate not come in court and jaj decided the case dismissed on disposed now what I can do may I file diverse case in family court my wife also a judo champion certificates are in my hands please guide
Sir what are the implications of today’s Supreme Court guidelines on s 498A
Please have a look at my new article for the same
Women don’t ask anything here from as the writer of this blog is not for us…he is saving all the husbands and in laws very good no problem sir…but it’s not applicable all the times ….in laws and husbands are found accused in many many cases ….I agree, womens nowadays filing false complaints to drag their in laws and husband but there are false and true domestic violence and 498a as well.
Thanks for the feedback. As righfully pointed, there are loads of false cases and they need to have some counter
My 498a is in Wardha district of Maharashtra and divorce case which is filed by me is in Nagpur , can these two cases clubbed?
No
I was left in parents house by in-laws last nov and not allowed into their house citing I follow christianity.I lived with husband in sydney after marriage for 31/2 yrs.I am prof qualified but have never worked.My husband cancelled my spouse visa before coming here.I wasn’t given even my marriage jewels back for maintaining myself and was asked to look for job.I haven’t secured a job yet and have literally sold the only gold chain I had.My husband went underground for long and I had to file missing complaint to find him hiding in his relative’s house.He hasn’t gone for job for a year.I had given complaint for returning jewels and for harassing to get money from parents since they only take care of me now.Now my husband and in-laws have taken an AB & have falsely said that I was working in AUS & have changed our previous residence place from Sydney to Melbourne.And that I seperated from him on my will when clearly there is evidence of my in-laws not allowing me into their house after bringing us here.I tried counselling with husband in Sydney and it worked out well but husband stopped coming at one point.Now police cant arrest inlaws becos they are over 70.But how can one go without punishment for falsely blaming and destroying marriage,forcing the victim to go to police for justice and then ask for protection ???
Section 498A is surely not the answer. Law has enough remedies for you.
How will the issue of maintenance be decided at the time of bail?
Does it not factually means that maintenance will be pronounced at the time of bail?
Yes, and that is what I have pointed out in my above article.
My case is in womencell right now no fir lodge till now please tell me after this changes what will happen police lodge FIR or something else.
Please reply
You can request your case to be transferred to Family Welfare Council.
Can this judgement be used to club domestic violence (civil case) and 498a/406/354a (criminal case) arising out of same matrimonial dispute? (Both cases have same complaint writing)
Hopefully Yes. Try for the same
Sir, my 498a has been dragged for 10 long years in which only one witness has been crossed. My son as fresh witness under 311 was included 1 year back, who could not be crossed till date due to one or other flimsy grounds. Will there be any positive impact of SC judgement on it?
You should have gone for speedy trial long back. Try now.
This will provide autocracy to men Dowery deaths will increase. As woman out of hundred only one or two dare to come forward
I guess you do not have any cases on you.
What will happen to caw cell proceedings now? Will they continue in Delhi because lots of money is spent on those cells..
Ideally it should go to FWC now. There is no point continuing two parallal proceedings
Sir, I have one case under HAMA Section 18(1) at Family Court Pune and another under DV Act 2005 Section 12,18,19,20 & 23 at JMFC Pune cantonment court. Can the both cases be clubbed as one in one court?
Thanks
As per mandate of this judgement, they should be clubbed
What will happen to cases which are currently in Police station and no arrest notice or chargesheet has been filed. Are these cases bound by new guidelines and now they will have to go through family welfare committee.
They ought to be.
Its a nice judgement and would begin an era where courts are giving importance to men as well.
Although police/system and undoubtedly judges are big feminist and are so biased in their judgements and corrupt at the same time that they will again find a way to misuse this newly formed committee as well.
So this will lighten the effect of 498a to some extend and may cause little more delay in FIR and arrest like the present system of mediation/lok adalats etc.
Rajesh G
What will happen to the pending chargesheet ?
It would run its own course