Abstract
The article will delve into elaborated discussion and various segment of misuse of the section 498A of I.P.C. The provision was created to address the raising crime rate and cruelty against married women during that time and various other alarming issues including dowry deaths. The article analysis challenges posed by this provision which can be leading to misuse of this legal provision. It encompass legal, social and gender perspective related to issue. With the help of various landmark judgement, case laws, historical context and sociocultural factors, the article aims to provide a complete and comprehensive study of the heterogenous issue at table. It will also throw light on the potential reforms, amendments, polices which had been taken in favour of issue and also solutions to maintain a balance between the basic aim of provision i.e. protecting married women from cruelty and on other preventing the misuse of provision.
INTRODUCTION
In, India marriage is considered as a sacred union between two souls and as well families. As India is a nation where there exists the unity in diversity, Diversity means different kind of religious communities resides here and each one has their own cultural practice related to marriage. These customary practices which has been followed up from the long time back involves such kind of practices which make not fit in this modern world where each one can raise their voices against oppression, injustice by such discriminator practices. One of the such kind of custom which prevail in our Indian society from the past to even this modernized world is known as Dowry or what we call it traditional is “ Dahej” or to ameliorate it society has termed it as gifts which is given by the bride parents to grooms family.
“A happy marriage is a harbour in the tempest of life, an unhappy marriage is a tempest in the habour of life”
Dowry as already defined is more of a social evil rather than any being glorified any customary practice or tradition among communities. No civilized society should follow any of such kind of law which is barbarous and turn out to be harmful for the society and it’s ii should be for betterment of the each and every citizen of nation not harming anyone’s dignity. On reverse dowry proved out to be hazardous for the society and is threat to the basic structure of the society. With due consideration to all this factor there requires a provision establishment which works in direction to protect the women which is there fundamental right under Part III of the Indian Constitution.
To counter the dowry related crimes in the society various law has been made and acts are passed such as
The act to prevent the dowry related was implement on May 20,1961 termed as The Dowry Prohibition Act,1961 as Section 3 of the illustrates the penalty for taking dowry.
Indian Penal Code, 1860:
IPC contains provision that criminalize specific offence associated with dowry . Section 304B of the IPC deal with dowry death, which death of women within seven year of her marriage where it is shown that she is subject to cruelty or harassment due to dowry. Section 498A of IPC address the cruelty by the husband and relatives which includes both physical and mental related to dowry.
Indian Evidence Act :
Section 113A it illustrates a presumption that as to abetment of suicide of a married women within seven year marriage is presumed to be a dowry death under section 113B.
The primary purpose of Section 498A is to act as a deterrent against dowry harassment and to provide a legal recourse for women who suffer cruelty at the hands of their husbands or in-laws .The law is non-bailable, non-compoundable, and cognizable, meaning that arrests can be made without a warrant and cases cannot be withdraw by the complainant. But despite of serving the primary purpose of the law misuse of the Section 498A in the past year and present era as well. It is been observed that women files false allegation to settle personal scores, leading to wrongful arrest of husbands and their families without proper investigation.
Instants of Misuse of Dowry laws
In the last few years a huge hike in false complaints under section 498A to harass their husband as a tool to gain leverage in matrimonial disputes or for personal vendettas. The original provision allowed for immediate arrests based on the complaint, leading to situations where individuals were arrested without any preliminary investigation. Defending oneself against a 498A case, even if it is false, can be an exhausting process involving significant legal fees and court appearances. This often places an immense financial and emotional burden on the accused and their families. It also carry a heavy social stigma. Even if the accused are eventually acquitted , the social and professional damage caused is irreparable.
Malimath Committee Report, 2003: Views regarding controlling misuse of Dowry laws were also expressed by the 2003 Malimath Committee report on reforms in the criminal justice system.
The committee noted that the general complaint of Section 498A of the IPC to be a subject to gross misuse.
Women are involved in abusing this section of the act by creating a false allegation against husband and in-laws family with aim of getting hefty money and giving unnecessary pain to the their families. This increases a scope of the misuse and infringement of the right of husband .
In case of, Savitri Devi v. Ramesh Chand and ors., the Hon’ble Court particularly focused on regulating the abuse and manipulation related to such kind of law one which are totally influenced by the marriage in our society and are harmful to the welfare of the society. The court also held in the case that the protection of the abuse of this law is must and should be given proper consideration.
Judicial Responses to Misuse
Arnesh Kumar v. State of Bihar In this landmark judgement, the Supreme Court of India issued guidelines to prevent unnecessary arrests under section 498A. The Court emphasized that arrests should not be made automatically and that the police must obtain prior approval from a senior officer before making an arrest . The Judgement also directed that notice of appearance should be served on the accused to allow them to present their side before any arrest is made.
Amendments to the CrPC
In light of Judicial pronouncements, the legislature amended the Criminal Procedure Code to make it mandatory for police officers to obtain prior approval from a senior officer before arresting individuals in cases involving offences punishable with imprisonment of less than seven year including section 498A.
Rajesh Sharma and Ors. v. State of UP The Supreme Court recommended the formation of Family Welfare Committees [FWCs] at the district level. These committees were to scrutinize complaints under Section 498A before any arrests are made. The aim was to prevent frivolous and motivated complaints from leading to arrest.
Vimal Kumar v. State of UP
There is no such provision which allows police officer to directly arrest any person under section 498A there is condition to completely satisfy all the required essential mentioned in the section 41 -A of CrPC (Criminal Procedure Code, 1973).All the mentioned provisions and essentials of the case has to be properly interpreted by police officer as mentioned in section 41 (1)(b)(ii).
The police officer shall look at the list and record the reason for arrest when necessary, for producing the accused person before Magistrate for further detention.
The Magistrate while order for detention of the accused shall look after the report was given by the police officer, when duly satisfied will record, an order for detention.
There is necessary condition of giving notice to accused within two weeks before the suit is filed against him under section 41-A Cr.PC.
The Magistrate while order for detention of the accused shall look after the report was given by the police officer, when duly satisfied will record, an order for detention.
Supreme Court Interventions:
The Supreme Court has taken several measures to curb the misuse of this section:
– In 2014, it ruled against automatic arrests under Section 498A.
– In 2017, it directed the formation of family welfare committees to review complaints before any arrest is made, although this directive was later revised to ensure the committees do not exercise statutory functions
Due to all these intervention of the SC and judicial respond positive response can observed it can be better illustrated with factual data.
Filing Convention rate
The number of cases registered under Section 498A has seen a decrease from 1.2 lakh in 2014 to approximately 1.03 lakh in 2018.
– The conviction rate for 498A cases has significantly dropped, from 21.9% in 2006 to 13% in 2018, which is much lower compared to the overall conviction rate for IPC crimes, which stood at 50% in 2018.
– The number of pending cases has increased by 161% from 2006 to 2018, indicating delays in the judicial process.
Acquittals and Withdrawals:
– The number of acquittals in 498A cases has also been high. In 2018, 31,691 acquittals were reported, marking the lowest number in a decade.
– Withdrawals of cases have gradually increased by 70% from 2006 to 2018, suggesting possible settlements outside the court.
The growing awareness is not always fruitful can be learnt from here but prevention are always to combat any sort of such situation as in this situation women more awareness lead them to over exercise their right which resulted in misuse of Section 498A but on other side awareness of it’s misuse raised voice and prevention measures were adopted which smoothen the situation.
STATUS OF SECTION 498A IN NEW LAWS BNS ( BHARTIYA NYAY SANHITA,2023)
In the new law replacing IPC,1860 with BNS, 2023 the status of section 498 is remains maintained. Section 498 is replicated in the Bhartiya Nyay Sanhita.
Cruelty is defined under section 85 and 86 of the BNS, which would be coming in force from Jul1, 2024. SC said that “ Section 85 and 86 is nothing but the verbatim reproduction of section 498A of IPC. The only difference is that now explanation of section 498A is under separate provision section 85”.
CONCLUSION:`
As it is often said that your right can only be exercised with limitation i.e. it should not be violative other right. Any provision which is made with aim to safeguard of one’s right should not be hindrance in other’s right. Section 498A should be exercise by Indian women keeping mind the aim of the provision and not misusing the protection provided and abstain from exploiting life of innocent. The potential for misuse has led to significant challenges, prompting judicial and legislative reforms. Balancing the protection of genuine victims with the prevention of false allegations is essential for the effective implementation of this law. Through continued awareness, education, robust investigative procedures, and judicial oversight, it is possible to uphold the spirit of section498A while minimizing it’s misuse.
It is very important of protect the misuse of the dowry law and to ensure fair justice in Indian legal System. The number of steps taken by the judiciary to ensure same keeps a check on such activities related to misuse. But legislative actions are to required for better results.
Authored by – Sukhman Kapoor UILS, Panjab University Chandigarh
1 Comment
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