Introduction
In 1983, Section 498A was added to the Indian Penal Code (IPC) to handle serious issues like dowry, harassment and domestic violence against women. This provision was introduced because at that time many women were facing cruelty within their matrimonial homes. But with time, women started using this provision for their personal benefit. It can be said that women started doing ‘misuse of Section 498A’ to harass their in-laws to satisfy their ego.
Purpose Behind Section 498A
The primary aim of Section 498A was to serve as a protective shield for women. Under this law cruelty is a cognizable and non-bailable offence. It gives the right to the police to take immediate action without prior court permission. This legal step was considered as a strong way to stop domestic violence, dowry-related abuse, and harassment.
Emerging Concerns and Allegations of Misuse of Section 498A
However, over the past few years, concerns have been raised about the “misuse of Section 498A”. The courts have found that while the law was created with good intentions, sometimes it has been used to settle personal grudges or harass the husband’s family. In some cases,’misuse of Section 498A’ happens when complaints have been filed based on false or exaggerated allegations which lead to unnecessary arrests and harassment of the husband and his family. Such ‘misuse of Section 498A’ not only affects the accused but also weakens the real aim behind enacting the law, which is to protect genuine victims of domestic violence.
Judicial Response to the “Misuse of Section 498A”
In the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed the police not to arrest the accused immediately, and to make proper investigation before taking action.
In the case of Sushil Kumar Sharma v. Union of India (2005), the court named the ‘misuse of section 498A’ as “legal terrorism”.
Conclusion
Section 498A was introduced with a good intention to prevent the cruelty and harassment against women and to provide justice and safety to women within marriage. However, nowadays the ‘misuse of section 498A’ is more prominent than its real use. The law needs to be used carefully and the officials must make necessary investigations before taking any action to prevent the misuse of the law.
About author
I am Ruchi Dalmia, hold an LL.M in Corporate Law. I am building my career in the corporate legal field and have skills in contract drafting, paralegal work, and legal research. I am passionate about Corporate and Commercial Laws and enjoy exploring how legal principles apply in real business scenarios. Through my writing, I aim to make legal topics clear, practical, and easy to understand for readers.