Misuse Of Section 498A IPC

Law and the legal system is established so that the underprivileged or the weaker sections of the society find it easy to get justice. It is essential that the oppressed find justice and hence the laws relating to these weaker sections of the society are made strict and favourable for those who are termed as oppressed. However, there are cases where the law is misused for personal gain and vendetta which leaves even the innocent trapped in the legal battle. One such controversial law and section of the Indian Penal Code, 1860, is Section 498A. Read on to know more.

What is Section 498A of IPC

Section 498A of the Indian Penal Code, 1860, deals with the cases of cruelty against women by husband or any relative of the husband. This section states that if the husband or any relative of the husband of a woman is found guilty of subjecting the woman to cruelty is punishable.

Ingredients under Section 498A

To establish an offence under this section, there are certain essential ingredients:-

1. The husband or any relative of the husband subjects woman to cruelty.
2. Cruelty encompasses any of the following ingredients:- 

• ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Any ‘wilful’ conduct which is of such a nature as is likely to drive the woman to commit suicide; or
• Any ‘wilful’ conduct which is likely to cause grave injury to the woman; or
• Any ‘wilful’ act which is likely to cause danger to life, limb or health, whether physical or mental of the woman.

The offence established under Section 498A is punishable with imprisonment which may extend up to three years along with fine. The offence is cognizable, non-bailable and non-compoundable.

Misuse of the section

Since the section aims at eradicating unjust society practices subjecting women to cruelty for dowry demands and similar other issues, it is implemented strictly where the law enforcing agencies act in the strictest manner against the accused. However, there have been many instances where this law has been misused by women to get back at the in-laws and the husband for their personal vendetta with little or no merit to them being subjected to cruelty. Unfortunately, the law enforcement agencies have to work according to the evidence presented and the falsification of such evidence bought about a lot of unrest.

Supreme Court on the misuse of the section

The apex court taking note of the misuse of Section 498A in the landmark case of Rajesh Sharma & Ors. v. State of UP & Anr. ruled that all the complaints filed under this section should be scrutinised by the family welfare committees before the legal action. This will result in the civil bodies vetting the claims and assisting the court in the administration task.  However, the top court in the case of Social Action Forum for Manav Adhikar v. UOI modified its earlier directions stating that the misuse is apparent yet the court cannot be filling the legislative gaps.

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