MISUSE OF INDIAN PENAL CODE SECTION 498A AND OBSERVATIONS OF THE COURTS TO RESOLVE THE DISPUTE

MISUSE OF INDIAN PENAL CODE SECTION 498A AND OBSERVATIONS OF THE COURTS TO RESOLVE THE DISPUTE 

Before we understand about the misuse of the law of IPC Section 498A, we first must understand about what is this law provision about and what it deals with.

 Section 498A in The Indian Penal Code: Husband or relative of husband of a woman subjecting her to cruelty. —Whoever, being the husband or the 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. Explanation. —For the purpose of this section, “cruelty” means—

(a) any willful conduct which is of such a nature as is 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

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Section 498A of the Indian Penal Code, introduced in 1983 to combat dowry-related cruelty, targets husbands and their relatives who subject married women to mental, physical, or emotional abuse. This abuse often stems from dowry demands made by the husband's family or the husband himself, referring to the property or valuables given by the bride's family as part of the marriage arrangement. Penalties for this offense include imprisonment up to 3 years and fines. Notably, it's a non-bailable offense, allowing for arrest without a warrant. Complaints can be filed by the wife, her parents, siblings, or any relative on her behalf, even if she doesn't file it personally. Section 498A applies to both Indian citizens and Non-Resident Indians, both within and outside the country.

However, concerns have arisen regarding the misuse of this law since its inception, with false or exaggerated complaints used to harass husbands and their families. Such misuse has sparked discussions about the need for reforms in this provision.

Understanding the Intent of IPC Section 498A 

The provision was formulated with the intention of providing married women protection and safety from harassment or cruelty of their husband, his relatives and his parents. It recognizes the unfortunate reality of dowry-related abuse and seeks to provide legal recourse to victims. The provision is intended to deter acts of cruelty and create a safer environment for married women within the institution of marriage.

Instances of Misuse:

While IPC Section 498A serves a noble purpose, there have been numerous cases where it has been misused. Allegations of false dowry harassment complaints have been raised, with some women exploiting the provision to settle personal scores, gain leverage in divorce proceedings, or extort money from their husbands and in-laws. Instances of exaggerated or fabricated claims have tarnished the reputation of innocent individuals, leading to emotional distress, loss of livelihood, broken relationships and families.

• Education and awareness: With the rise of education, literacy, financial security, and modernization, the more independent and the radical feminists have made Section 498A of IPC as a weapon in their hands than a shield. Due to this many radical feminist and women who want to take some kind of revenge have made their husband, his relatives and his parents a victim in their pursuance of revenge against their husband, in-laws and relatives.

• Blackmail Attempts: These days in many cases where Section 498A is invoked, they turn out to be false cases as they turn out to be mere blackmail attempts by the wife (or her close relatives) when troubled with a stressed marriage. Due to this, in most cases the Section 498A complaint is generally followed by the demand of a huge amount of money to settle the case outside the court.

• NCRB Report: As per the report of NCRB (National Crime Record Bureau), 2020. The total number of cases registered under section 498A was 1,11,549 out of these 5,520 were considered as false by police and 16,151 cases were closed due to mistake of false fact or law, insufficient evidence, mistake or civil dispute.

• Threatening: 498A is used as a weapon by the wife against the husband by threatening the husband and his relative or family member caught in this trap, the wife and maybe her parents make some demands and when those demands are not met then the wife or her parents threaten the husband that they will file an Fir and a false case on the husband and would destroy his reputation and career by making some false claims in the fir or the police reports. 

• Misuse of court process and wasting the time of the court: By making false claims and allegations against the husband, his parents and his relative is an abuse of judicial proceedings of the court and it affects society at large, with no valid evidence or proof the wife files a malicious prosecution lawsuit against the husband and his relative.  Making a legal tool or process to be used for ulterior purposes.

**Author:- Ronith Maity,Department of Law, Hazra Campus,University of Calcutta.