Section 498A of the Indian Penal Code (IPC) provides that ‘husband or relative of the husband of a woman subjecting her to cruelty, shall be liable for imprisonment for 3 years with fine.’ It was inserted in 1983 for protecting married woman from being harassed for dowry demand, and against all types of physical harassment, mental torture, etc.

Objective behind insertion of Section 498A

In Amar Singh v. the State of Rajasthan, AIR 2010 SC 339- The Court defined cruelty for Sec. 498A of IPC where a husband starts taunting for not bringing dowry and calling her ugly. Such acts of taunting by the husband would constitute cruelty both within the meaning of Sec. 498A of IPC.

In another case of Inder Raj Malik v. Sunita Malik, 1986 CrLJ 1510- The Court held that cruelty is the harassment of a woman to coerce her or any related persons to meet any unlawful demand for any property or any valuable security is cruelty.

Section 498A being misused

The Supreme Court in Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281 has given a name to Section 498A i.e. “Legal Terrorism”. The Court has identified the abuse of the very law mostly by the educated women for their self-centred necessities. A huge number of women abuse the arrangements of Section 498A for getting separation and remarrying or for claiming high alimony, etc.

Recently, the Apex Court observed in Kahkashan Kausar v. State of Bihar, 2022 that Section 498A of the IPC is being used to settle personal scores against husband and his kin. The court stated that previous decisions clearly demonstrate the misuse of Section 498A IPC and the increased tendency of implicating of husband’s relatives in matrimonial disputes, without analyzing the long-term ramifications of a trial on the complainant as well as the accused is an abuse of law.

Guidelines by the Supreme Court: Relief against police harassment

In the case of Arnesh Kumar v. the State of Bihar, AIR 2014 SC 2756- The Apex Court passed certain guidelines regarding the arrest of the accused persons. It specifically stated that there should be no arrests based on the offense are non-bailable and cognizable and the arrest should be preceded by initial investigations by the officer to assess the genuineness of the complaint.

In another case of Rajesh Sharma and Ors. v. the State of Uttar Pradesh, AIR 2017 SC 3869- The Apex Court laid down guidelines to prevent the misuse of Sec. 498A of IPC and it has specified that this provision of the Penal Code is being misused by women nowadays. There were several guidelines including that the complaints under Section 498A and other connected offenses may be investigated only by a designated Investigating Officer of the area. Personal appearance of all family members and particularly outstation members may not be required.

In Geeta Mehrotra & Anr. V. State of UP (Criminal Appeal No.1674 of 2012 (Arising out of SLP(Crl) No. 10547/2010)- The court observed that mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding.

Protection against false charges of 498A

1. Anticipatory Bail:If you have got hints that your wife is going to file a FIR under Section 498A against you and your family then apply for anticipatory bail immediately. ‘Anticipatory bail’ means seeking bail in anticipation of arrest, a petition can be filed for anticipatory bail under Section 438 of the CrPC. The Court implies certain conditions while granting anticipatory bail and you need to comply with it.

2. Quash of FIR:You can approach to the High Court having jurisdiction under Section 482 of the CrPC. You may claim that the allegations were vague/ general and bogus as no specific details were given. Relatives have been implicated falsely and they do not even reside under one roof with you, etc. Produce the relevant evidence supporting your claims.

The court noticed in the case of Bibi Parwana Khatoon v. State of Bihar (2017) 6 SCC 792 that the appellants did not even reside at the place of mishap. Hence, the Court acquitted them and held that the Court must guard against false implication of the relatives.

In State of Haryana v. Bhajan Lal (1992 AIR 604)- It was clarified that the Courts are also empowered to quash in case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein.

Recently, in the case of Ajay Kumar v. State Of Punjab And Another, 2022 LiveLaw (HP) 2- It was held by the Court that while exercising powers u/s 482 CrPC, the Courts must have due regard to the nature and gravity of the crime and its social impact. It added that “It is quite apparent from the aforesaid exposition of law that High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power is to be exercised sparingly and with great caution…Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases“.

3. Conjugal Rights Restitution:If your wife has left the matrimonial home without any reasonable cause then you may file a case for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

The object of adding Section 498A to the Penal Code is to prevent the menace of cruelty and dowry harassment but there have been many instances that have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases, the innocent man and his family have to undergo trial for no reason. Just because the provision is constitutional and intra vires do not mean that it can be used by unscrupulous persons to wreck their vendetta. Hence it is important to find out ways how to deal with bogus charges.