Bharat Global Time | April 28, 2025 —
Section 498A of the Indian Penal Code (IPC) was introduced in 1983 to protect married women from cruelty and harassment by their husbands or in-laws. It specifically addresses physical or mental cruelty over demands for dowry and grants women the right to initiate criminal proceedings against the accused.
Misuse of Section 498A IPC
Over time, concerns have grown over the alleged misuse of Section 498A. Several cases revealed instances where false complaints were filed to settle personal scores or harass husbands and their families. Recognizing this, courts have cautioned against treating every complaint at face value without a proper investigation.
Important Supreme Court Judgements on 498A IPC
The Supreme Court of India has delivered landmark rulings to prevent misuse of Section 498A:
- Arnesh Kumar vs. State of Bihar (2014): The Court ruled that arrests under 498A should not be automatic and emphasized the need for prior approval from senior police officers.
- Rajesh Sharma vs. State of U.P. (2017): The Court recommended the setting up of Family Welfare Committees to examine 498A complaints before arrests are made (though this was later modified).
- Social Action Forum for Manav Adhikar vs. Union of India (2018): The Court clarified that while preventing misuse is important, genuine victims should not be denied justice.
Section 498A remains a crucial legal safeguard for women but demands careful and balanced application to prevent injustice on both sides.
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