Misuse of 498A
IPC 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) was added after an amendment was approved by the Indian Parliament in the year 1985. Indian Penal Code 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), is a criminal offence (not a civil law) which is defined as follows:
“Whoever, being the husband or relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
The offence is Cognizable, non-compoundable, and non-bailable.
In this Section Cruelty is further defined as:
- Any willful conduct which is of such a nature as if likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman or
- Harassment of the woman where such harassment is to coerce her or any person related to her to meet any unlawful demand for any property or valuable security or is due to failure by her or any person related to her to meet such a demand.
Why is it so easy to Misuse of 498a?
The law is cognizable, which means that the woman’s complaint is sufficient for setting the criminal law in motion. The police are duty-bound to register an FIR on receipt of the complaint of cognizable crime. No evidence is required to be given when filing the FIR. Of course, with the passage of time and the intervention of various High Courts, the complaint is now first forwarded to Mahila Thana or CAW Cell or Parivar Pramarsh Kendra or Mediation Center, depending on the state. However, even after that, the FIR will be registered if the woman desires to do so.
Further, the crime is non-bailable. That technically means that the Police can arrest an accused without any warrants from the court, and only the court can enlarge a person on bail. Although the addition of Section 41 in the Criminal Procedure Code has curbed arbitrary and illegal arrests to a large extent, arrests still happen at the whims of Police Officers, more so when the complainant side influences such officers.
Also, this section is non-compoundable. That means once the FIR has been registered, the complainant can not withdraw it. That said, High Courts quash such cases in the interest of justice and society. The same happens after the Husband and his relatives dish out a considerable amount of money.
All the above has contributed to 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).
How are you at risk and why is it dangerous for the society?
Your wife or daughter-in-law whose demands are not met can make a written false complaint of dowry harassment, cruelty, or domestic violence to a nearby police station. The husband, his old parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove innocent.
498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) can only be invoked by the wife/daughter-in-law or her relative. Most cases where Section 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases, 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) complaint is followed by the demand of massive amount of money (extortion) to settle the case out of the court.
This section is non-bailable (you have to appear in court and get bail from the judge), non-compoundable (complaint can’t be withdrawn) and cognizable (Police registers and investigates the complaint, although in practice, most of the time, arrest happens before investigation as the police have the power to arrest without warrant). There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sisters-in-law and even 3-year-old children. In these cases, the unsuspecting family of a husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is usual), and the conviction rate is only about 2%. Some accused parents, sisters, and even husbands have committed suicide after time in jail.
You can view landmark 498A judgments by clicking here.
Leave A Comment