Section 498A dilemma: India’s pursuit of modern justice should not obscure concerns about women’s safety in marriages

The three new criminal laws are expected to break new ground for criminal law in the country. The Bhartiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Act, 2023 will replace the three existing criminal laws: the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 ( Cr .PC) and the Indian Evidence Act, 1872, respectively, with effect from 1 July. When the three criminal laws were introduced in Parliament, the ruling party emphasized that these British-era laws would be adapted to the current context and requirements.

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However, the issue of part of the IPC looms large because of its far-reaching implications for women’s rights and the institution of marriage.

In 2023, nearly 22.8 lakh crimes against women were reported. Of this, around 7 lakh, or 30 per cent, were reported under Section 498A of the IPC, as per the data recorded by the Ministry of Statistics and Program Implementation (MoSPI). in its report ‘Women and Men in India 2022’. The National Crime Record Bureau (NCRB), in its latest report ‘Crimes in India’, also highlighted an increase of around 4% in crime against women, from 3,71,503 cases in 2020 to 4,45,256 cases in 2022.

Section 498A in the IPC deals with cruelty by a husband or his relatives to a woman, where ‘cruelty’ is defined as any intentional conduct which is ‘likely to induce the woman to commit suicide or to cause serious injury or danger to life, limb or health cause. ”. This part has been introduced said verbatim in articles 85 and 86 of the BNZ, without any changes.

The complex issues of Section 498A

A sensitive legal provision like Section 498A was introduced through the Criminal Law (Second Amendment) Act, 1983, as there were an increasing number of dowry deaths and cases of cruelty by husbands and their relatives, resulting in cases of suicide and death. The legislative intent behind the introduction of Section 498A was to prevent unnecessary harassment of women in their marital homes and to provide a quick and effective remedy to the aggrieved person. It was proposed to amend the IPC to make cruelty to a woman by her husband or his relative punishable with imprisonment for a term which may extend to three years along with fine.

If we take a broader view after Preeti Gupta’s recommendation, the situation remains the same as the legislature has not made any change in the new criminal laws that will come into effect in July. The issue was again highlighted by Justice JB Pardiwala and Justice Manoj Misra Achin Gupta v. State of Haryana and Anr, where it was observed that Sections 85 and 86 of the BNZ are nothing but verbatim reproductions of Section 498A. The only difference is that the interpretation of Article 498A now takes place via a separate provision, namely Article 86 BNZ. The judges have asked the legislature to examine the issue and consider making the necessary changes to Articles 85 and 86 of the BNZ before the new provisions come into force.

In particular, Parliament has overlooked the Supreme Court’s suggestion Preeti Gupta v. State of Jharkhand, where the Court requested to take into account the informed public opinion and pragmatic reality and make necessary changes as it was observed that most of the complaints under Section 498A IPC are not even bona fide and with indirect motives and being submitted in the heat of the moment on trivial issues without proper consultation. The Hon’ble Court also expressed concern over the exaggerated versions of the incident reflected in a large number of complaints and at the same time the rapid increase in the number of genuine cases of dowry harassment.

A growing concern observed in the complaints filed under Section 498A IPC is that most of the complaints are not bona fide and are filed with indirect motives. The Court also expressed concern about these exaggerated complaints and the rapid increase in the number of genuine cases of dowry harassment.

Further, the data collected by various sources such as NCRB and MoSPI over a period of ten years shows that the IPC provision has been continuously misused to harass the husband and his family members with malicious intent to extort money or any unlawful gain . Even the Law Commission highlighted the gross misuse of Section 498A in the SC and the various high courts.

In Kahkashan Kausar v. State of Biharthe SC ruled that the husband’s relatives cannot be forced to undergo trial in the absence of specific allegations of dowry demands and also noted that “a criminal trial that ultimately leads to an acquittal also inflicts serious scars on the accused, and such practice should therefore be discouraged.”

In this case, it was observed that from a plain reading of the FIR and the pleadings, it appears that the allegations made by a complainant are sometimes vague and sweeping and do not specify instances of criminal conduct. Section 498A cannot be applied mechanically as any marital conduct, which may cause annoyance, may not amount to cruelty.

Emphasizing on the role of police in FIR registration and investigation, it is crucial to consider it as a last resort and not a panacea as the first thing that comes to the mind of the woman and her family members the police are. The foundation of a strong marriage lies in tolerance, adjustment and mutual respect. If you rush to the police, even if there is a fair chance for reconciliation, you risk irreparable harm.

The 243rd LC report recommended that even if the offense committed under Section 498A is non-bailable, the protection against arbitrary and unwarranted arrest lies in strict adherence to the letter and spirit of the conditions laid down in Section 41 and 41-A of Cr.PC regarding the power of arrest and sensitizing the police about the modalities to be followed in this case. Further, there should also be a monitoring mechanism in the police to keep an eye on cases of Section 498A and compliance with guidelines.

Thus, it is true that the need of the hour is to bring changes in the existing laws that will help curb the problem of complaints filed with false or exaggerated allegations as in most of these complaints, finding out the truth is a is a huge task. At the same time, the responsibility also lies with the police to register the complaint, except in cases of obvious violence, based on preliminary investigation. Further, there is also an implied obligation on the lawyers to uphold the dignity and sanctity of this noble profession by discouraging the practice of filing false and frivolous cases against the husband and his family members. two souls, but also a union of two families.

Sanya Singh is a practicing lawyer based in New Delhi. She pursued a BA LL.B. (Hons.) from NUSRL, Ranchi and has a keen interest in civil and commercial litigation.

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