Union Law Minister Arjun Ram Meghwal confirmed a review of BNS Sections 85 and 86, which replicate the repealed IPC Section 498A, due to concerns about misuse and inadequate safeguards for men. This is the first review of the new Indian criminal codes, aimed at preventing frivolous complaints while protecting women from domestic violence.
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NEW DELHI: Union Law Minister Arjun Ram Meghwal has confirmed that discussions are underway concerning the misuse of Sections 85 and 86 of the Bharatiya Nyay Sanhita (BNS), which are direct replications of the now-repealed Section 498A from the Indian Penal Code (IPC). This review follows concerns that these sections, aimed at criminalizing domestic violence against women, lack adequate safeguards to prevent misuse, particularly by husbands and their families.
This initiative marks the first review of the newly introduced Indian criminal codes. Meghwal, in an interview with Mint, mentioned that the ministry is in talks to ensure that the laws do not lead to frivolous complaints against men. These sections, meant to protect women from domestic abuse, have faced scrutiny for allegedly being misused, much like their predecessor, Section 498A of the IPC.
On 12 September, the Supreme Court of India expressed concerns about Section 498A being replicated in the BNS as Sections 85 and 86 without addressing the safeguards needed for men. The court noted that while the laws were enacted to protect married women from cruelty, they have become some of the most abused legal provisions in India.
During a hearing on a matrimonial dispute, Justice BR Gavai observed-
“In such matters, getting freedom is the best thing.”
He referred to a previous case where a man was ordered to pay Rs 50 lakh to his estranged wife, despite the fact that they had never lived together.
Justice Gavai added-
“In Nagpur, I encountered a case where a man had to pay Rs 50 lakh for an unconsummated marriage after moving to the US, despite not having lived with his spouse even for a single day. I have publicly stated that Domestic Violence laws and Section 498A are among the most abused provisions, and my colleagues may agree.”
Section 498A of the IPC has been controversial for decades, with many pointing out its potential for misuse. Women have allegedly used it to falsely accuse their husbands and in-laws, which has led to unwarranted legal harassment. Courts across India have repeatedly acknowledged this misuse, often cautioning against the blanket application of the law.
For instance, in August, the Bombay High Court highlighted how elderly and ailing individuals are often dragged into legal battles due to accusations under Section 498A. While the court sympathized with genuine victims, it suggested that many disputes could be amicably resolved if the offence were made compoundable, which would allow for settlement between parties.
In recent times, several courts have raised alarms about the abuse of Section 498A.
In May 2023, the Kerala High Court expressed concern over the law being used not for justice but as a tool of revenge in matrimonial disputes. Similarly, the Bombay High Court raised alarms in August 2023, pointing out how estranged wives often misuse the Domestic Violence Act to harass their husbands.
In July 2023, the Jharkhand High Court also acknowledged that while Section 498A was originally introduced to protect women from cruelty, it has since become a weapon for vindictive purposes. These judicial observations have fueled debates around the need to revisit the law and its modern applications.
The Bharatiya Nyay Sanhita (BNS), 2023, which recently replaced the IPC, reflects Section 498A under its Section 85. While the primary purpose remains to criminalize domestic violence and cruelty against women, there is a growing chorus to include safeguards that protect men from being falsely accused.