498A MISUSE

Since the very inception of 498a IPC, we have seen that Sec.498A IPC became a more controversial section in the IPC as 498A IPC was misusing at a very high scale. Misuse of 498a IPC was also noticed by the many High Courts and also by the Supreme Court and time and again various High Courts and Supreme Court has observed in their respective judgments about the misuse of Section 498a IPC and also recommended the Law Commission of India to bring suitable change in the law to prevent misuse of sec.498a IPC. It seems that the rise of education, financial security, modernization, independence, and radical feminism have also made Section 498A of IPC, a weapon in her hands than a shield. Because of which many helpless husbands and their relatives have become the victims in the hand of revengeful daughters-in-law. In many cases where Sec 498A was invoked, they turn out to be false cases as they turn out to be mere blackmailing attempts by the wife or her close relatives when marriages failed for some other reason. Because of which in most of the cases the Section 498A complaint is generally followed by the demand of a huge amount of money to settle the case outside the Court or under the terms of settlement which involved a hefty amount. In such a scenario, the court often observed specifically that there are misuse and exploitation under the provision of 498A IPC to such an extent that it was hitting the very foundation of marriage itself and which ultimately led to not a good sign for the welfare of the society for the public at large. The similar observation of the misuse of laws vehemently is even ascertained by the other concerned authorities, such as the police (investigating agency), NGOs, and even judges of the various Courts. Similar views were also expressed by the former Judge of the Supreme Court justice KT Thomas in his article, even the Malimath Committee report on reforms in the criminal justice system also depicted the high misuse of Sec. 498A IPC. The law commission has recommended that the offence under section 498A IPC should be made compoundable offence with the permission of the court. Justice Malimath Committee also recommended that it should be made compoundable as well as bailable. The Union Home Ministry had also asked all State Governments to be judicious in slapping Section 498A IPC in the matrimonial disputes cases as the provision may be used as weapons rather than shields by disgruntled wives. In an advisory to the States and Union Territories, the ministry has asked them to instruct their Police officers not to automatically arrest a person when a case under section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameter laid down flowing from Section 41.Cr.P.C. however, it failed to provide any data regarding how frequently the section is subject to misuse. As per the reports of the National Crime Records Bureau (NCRB) 2016 total cases were registered under section 498A IPC 110378. Out of 110378 cases, the conviction ratio was 12.2%. It means other cases either proved as false or has been withdrawn on settlements. That is why this provision has always been in the news with allegations of false complaints and a very low conviction rate. The Men’s rights activists insist that the law is not serving its purpose and being misused by women to harass their husbands and their relatives. There are many instances where the woman has filed the complaint with a mala fide intention of causing harassment to her husband and in-laws. In such cases, even though the husband and his relatives get acquitted or discharged even then, they suffer from immense mental and economic distress. The media coverage further hampers the reputation of the accused. Not only above it has also been noticed that whenever marriages failed for some other reason, the wife has filed a case of 498A IPC against the husband and his family members and also distant relative who has nothing to do with the matrimonial affairs of the parties and even they are living in different cities for decades. In such cases, most of the cases culminate through compromise in huge amounts in the form of the full and final settlement.