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Criminal Law

Matrimonial Cruelty

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 20-Feb-2024

Introduction

Section 498A of the Indian Penal Code, 1860 (IPC) deals with the concept of matrimonial cruelty in India. This Section was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives.

Section 498A of IPC

  • This Section states that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
  • For the purpose of this Section, “cruelty” means—
    • Any willful 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
    • 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.
  • The offence under this section is a cognizable, non bailable and non-compoundable offence.

Purpose of Section 498A of IPC

  • This Section was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives.
  • Nevertheless, the provision should not be used as a device to achieve oblique motives.

Complaint under Section 498A of IPC

  • The complaint under Section 498A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption.
  • And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.

Period of Limitation

  • As per Section 468 of the Criminal Procedure Code, 1973 (CrPC), a complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident.
  • However, Section 473 of CrPC enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.
  • The essence of the offence in Section 498-A is cruelty. It is a continuing offence and on each occasion on which the woman was subjected to cruelty, she would have a new starting point of limitation.

Cognizance of Offence under Section 498A of IPC

  • No Court shall take cognizance of an offence punishable under Section 498A of IPC except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister.
  • The Court can also take cognizance if the complaint is made by any other person related to her by blood, marriage or adoption with Court’s permission.

Punishment

  • As per Section 498A of IPC if the person who is the husband or his relative, performs an act of cruelty upon a woman then he is liable to be punished with imprisonment for a term which may extend to three years and may also be liable for fine.

Constitutional Validity of Section 498A of IPC

  • The Supreme Court upheld the constitutional validity of section 498A of IPC
  • The object is to strike at the root of dowry menace. But by misuse of the provision a new legal terrorism can be unleashed.
  • The Supreme Court in the case of Sushil Kumar Sharma v. Union of India and Ors. (2005) held that 498A of Penal Code is not unconstitutional and ultra vires. Mere possibility of abuse of a provision of law does not per se invalidate a legislation.

Misuse of Section 498A of IPC

  • Independent and the radical feminists have regarded Section 498A of IPC as more of a weapon than a shield.
    • Sometimes it is mere blackmail by the wife so that she can demand a huge amount of money to settle the dispute outside the court.
    • The Law Commission in its 243rd report accepted that there is a gross misuse of the provision and the blaring voices against the misuse of the provision.
  • To prevent and stop misuse of the provision following steps should be taken:
    • Section 498A of IPC should be strictly made gender-neutral and for this the term husband or wife should be amended to spouse.
    • Except in the case of prima facie violence against the wife immediate arrest should be delayed till all endeavors of reconciliation be made.
    • Wide and ambiguous terms like relative of husband, health (mental or physical), and likely to drive to suicide should be amended to narrow down its interpretation.
    • A preliminary investigation before arrest should be done and the arrest should be made only after the permission of the magistrate.
    • Section 498A should be made bailable and compoundable as was suggested by the Malimath Committee on criminal justice reform.
    • Judges should be given the power to punish the false complainant straightaway.

Case Laws

  • In Inder Raj Malik v. Sunita Malik (1986), the Delhi High Court held that the word ‘cruelty’ is defined in the explanation which inter alia says that harassment of a woman with a view to coerce her or any related persons to meet any unlawful demand for any property or any valuable security is cruelty.
  • B.S Joshi v. State of Haryana (2003), the Supreme Court held that the objective of introducing Section 498A of IPC was to prevent torture to a woman by her husband or by relatives of her husband. It was added with a view to punishing the husband as well as his relatives who are involved in an act of harassing the wife to satisfy unlawful demands of dowry.