Section 498A : A protective shield or a Weapon for Abuse?

-By Atul Singh, Advocate

Over time, the courts have become increasingly aware of the ways in which Section 498A is misused by women. This provision penalizes husbands and their relatives for subjecting a woman to cruelty. The definition of cruelty, as outlined in the section, consists of two components: 1) Willful conduct that is likely to drive a woman to suicide or to cause serious injury or danger to her life, limb, or health (both mental and physical), and 2) Harassment aimed at coercing the woman or her relatives to fulfill an unlawful demand for property or valuable security. Therefore, both dowry-related harassment and acts of violence by the husband or his relatives that jeopardize the woman’s life, limb, or health fall within the purview of Section 498A.

That under the new Act, i.e. Bharatiya Nyaya Sanhita, Section 85 speaks about the Cruelty causing to a woman by her husband and his relative, and is similarly worded when read with Section 86 of the Act. That for better understanding Section 85 and 86 of the Bharatiya Nyaya Sanhita are reproduced hereunder:

Section 85: 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.

Section 86 Cruelty defined.

For the purposes of section 85, “cruelty” means—(a) any wilful 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.

  While it cannot be asserted that every case under this provision is false or that there are no marriages in which women are genuinely subjected to harassment, our focus will be on situations where husbands and their relatives are dragged in a criminal trial due to marital discord between the parties.

Temperamental differences, difficulties with adjustment, breakdowns in communication, infidelity, and financial issues are among the many factors that can lead to the breakdown of a marriage. However, not every unsuccessful marriage warrants criminal proceedings or prosecution. To invoke the relevant penal provision, the conduct of the husband and his family must clearly align with the definition of cruelty as outlined in the aforementioned provisions.

However, once marital discord arises and there is no possibility of reconciliation or amicable separation, this provision is often used to exert pressure on the husband, particularly when the parties are engaged in matrimonial litigation across multiple forums.

Over a decade ago, in its judgment in Preeti Gupta v. State of Jharkhand (MANU/SC/0592/2010), the Supreme Court emphasized that a significant number of cases under this provision are filed impulsively and often over trivial matters, without adequate deliberations. The court further noted:

‘We come across a large number of such complaints which are not even bona fide and are filed with oblique motive.’

In the said judgment, the Hon’ble Supreme Court also highlighted that it is the responsiblilty of the members of the bar to ensure that exaggerated versions of small incidents should not be reflected in such criminal complaints as majority of the complaints are filed either on their advice or with their concurrence. The Court also underscored that there is a tendency of implicating husband and all his immediate relations is also not uncommon.

Before parting with the said case the Hon’ble court observe that a serious relook of the entire provision is warranted by the legislation. The Court had held:

“34. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislation. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. 

35. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law and Justice to take appropriate steps in the larger interest of the society.”

That the Bharatiya Nyaya Sanhita, 2023, which is to come into force with effect from 1st July, 2024 contains the verbaitm reproduction of Section 498A.

That recently, the Hon’ble Supreme Court in Achin Gupta vs. State of Haryana and Ors. (03.05.2024 - SC) : (MANU/SC/0377/2024),  has once again reiterated its concerns over the false cases filed under Section 498A. The Court also pointed out that often, the parents and relatives of a wife exacerbate minor issues, leading to the breakdown of marriages over trivial matters. Their first instinct is to in approach the police which in all likelihood destroys any scope of reconcilliation. The said action is either due to ignorance or due to strong hatered towards the husband and his family. The real sufferers in such scenario are the children.

  While the Hon’ble Court did not rule out that there may be legitimate instances of mistreatment and harassment from the husband and his family directed at the wife, however, the intensity of this mistreatment can vary depending from case to case. Nonetheless, police involvement should be viewed as a last resort, that too in a very genuine case of cruelty and harassment. The Hon’ble Supreme Court observed that:

"The Police machinery cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends. In all cases, where wife complains of harassment or ill-treatment, Section 498A of the Indian Penal Code cannot be applied mechanically.”

The Hon’ble Supreme Court also observed that If an individual is compelled to undergo a criminal trial based on vague and sweeping allegations without the introduction of specific instances of criminal conduct, it represents a misuse of the legal process. The court  is thus obligated to meticuliusly evaluate the allegations stated in the complaint to ascertain that prima facie, whether whether any veracity exists in the said allegations or if they are solely intended to implicate certain individuals in a criminal charge, particularly in cases arising from matrimonial disputes

Before closing the matter the Hon’ble Supreme Court had request the Legislature to look into the issue as highlighted in the said judgment as well as in Preeti Gupta (Supra) taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force. The Hon'ble Supreme Court held:

37. Before we close the matter, we would like to invite the attention of the Legislature to the observations made by this Court almost 14 years ago in Preeti Gupta (supra) as referred to in para 26 of this judgment. ............

38. In the aforesaid context, we looked into Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, which is to come into force with effect from 1st July, 2024 so as to ascertain whether the Legislature has seriously looked into the suggestions of this Court as made in Preeti Gupta (supra)…….

39. The aforesaid is nothing but verbatim reproduction of Section 498A of the Indian Penal Code. The only difference is that the Explanation to Section 498A of the Indian Penal Code, is now by way of a separate provision, i.e., Section 86 of the Bhartiya Nyaya Sanhita, 2023.

40. We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force.”

 

That even though the said provisions remain unchanged, however, the said judgments are a precedent on the misuse of provisions of law which were intended to safeguard and protect women from harassment and not as an arm twisting mechanism. Such complaints are thus not to be taken on the face value and require careful scrutiny.

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