Section 498A of the IPC was introduced in 1983 to punish acts of cruelty against married women by their husbands and in-laws. In 2023, this provision was carried forward under Section 85 of the BNS with the same cognizable and non-bailable nature. The discussion mainly revolved around the legal, social, and procedural aspects of this law.
Mumbai: The Interactive Lawyers’ Association for Women held a discussion on the use and misuse of Section 498A of the Indian Penal Code (IPC), which was replaced with Section 85 of the Bhartiya Nyaya Sanhita (BNS) in 2023. The event took place on Friday at courtroom number 21 in the Mumbai High Court complex and was attended by female lawyers and law students.
Justice Dr Neela Gokhale was the main speaker at the session.
Section 498A of the IPC was introduced in 1983 to punish acts of cruelty against married women by their husbands and in-laws. In 2023, this provision was carried forward under Section 85 of the BNS with the same cognizable and non-bailable nature. The discussion mainly revolved around the legal, social, and procedural aspects of this law.
Justice Dr Neela Gokhale explained the important legal requirements needed to prove an offense under Section 498A. She also referred to key Supreme Court judgments that emphasized preventing unnecessary arrests under this section. Additionally, she stressed that courts should be cautious when dealing with cases where relatives are accused in matrimonial disputes, as such allegations could be misused.
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The discussion also addressed concerns about the increasing misuse of the Protection of Children from Sexual Offences (POCSO) Act, which is meant to protect minors from sexual abuse. Some participants highlighted that in many cases, this law is being used unfairly in child custody battles and matrimonial conflicts.
Senior advocates like Neeta Karnik, Seema Sarnaik, and Manjiri Shah shared real-life experiences of how such cases create emotional distress for children and affect their overall development.
Speakers also spoke about the reluctance of investigating agencies to register valid complaints. In many cases, police officers advise complainants, especially those from poor and marginalized backgrounds, to settle matters privately instead of filing legal cases. This prevents genuine victims from accessing justice.
At the same time, the misuse of Section 498A creates problems for real victims by overburdening courts with false cases, leading to delays in justice. Lawyers at the event emphasized that mediation and reconciliation should be encouraged to resolve marital disputes whenever possible. They also stressed that lawyers have a crucial role in ensuring victims understand their rights and legal remedies while discouraging them from filing false or exaggerated complaints.
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One of the key takeaways from the discussion was that legal provisions should balance protection with fairness. While Section 498A is important for safeguarding women’s rights, it should not be misused to harass innocent people.
“The session reinforced my understanding of how legal provisions must balance protection with fairness. While Section 498A remains vital for safeguarding women’s rights, ensuring its proper implementation without unnecessary harassment is equally important,”
said Riddhi Popade, a young lawyer who attended the session.
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