Misuse of 498A IPC

Section 498A of the Indian Penal Code (IPC) deals with cruelty by a husband or his relatives towards a married woman. It was introduced in 1983 to protect women from harassment, cruelty, and dowry-related abuse. However, over the years, concerns have been raised about its misuse.

Forms of Misuse:

False Allegations for Vengeance:
In some cases, women have filed false complaints under 498A to harass or settle personal scores with their husbands and in-laws.

Pressure Tactics in Divorce Cases:
498A is sometimes used as a tool to pressurize the husband during divorce or maintenance proceedings, leading to unfair settlements.

Harassment of Entire Family:
The law allows the arrest of not only the husband but also his family members, including elderly parents and siblings, often leading to unnecessary harassment.

Exploitation for Financial Gains:
There have been instances where false cases have been filed with the intent of extorting money or property from the husband’s family.

Judicial Observations:

• Arnesh Kumar v. State of Bihar (2014): The Supreme Court observed that misuse of 498A is increasing and directed that arrests should not be automatic. Police officers were instructed to follow due procedure before making arrests.
• Rajesh Sharma v. State of U.P. (2017): The Court suggested setting up Family Welfare Committees to screen complaints before action is taken to prevent misuse.

Impact of Misuse:

• Psychological Stress: False cases cause immense emotional and mental distress to the accused and their families.
• Damage to Reputation: Even if the accused is acquitted, social stigma often remains.
• Wastage of Judicial Resources: False cases burden the already overburdened judicial system, delaying justice for genuine victims.

Safeguards Against Misuse:

1. Stricter Scrutiny Before Arrests: Police must conduct a preliminary inquiry before making arrests.
2. Mediation and Counseling: Courts have increasingly emphasized mediation between the parties to resolve disputes amicably.
3. Penal Provisions for False Complaints: Under Section 211 IPC (false charges) and Section 182 IPC (false information), action can be taken against those filing false cases.

Conclusion:

While 498A remains a necessary safeguard for women facing cruelty, addressing its misuse is essential to protect innocent families from undue harassment. Striking a balance between protecting genuine victims and preventing false accusations is the need of the hour.