Today, On 7th February, The Supreme Court ruled that relatives of an accused cannot be implicated in domestic violence cases under Section 498A simply for not assisting the victim. The Court emphasized that complaints and charges must be specific against each accused family member. It stated that vague or general allegations are not sufficient for prosecution. This decision aims to prevent misuse of the law and ensure fairness in such cases.
New Delhi: The Supreme Court stated on Friday that family members of an individual accused of domestic violence cannot be charged in the criminal case simply for failing to support the victim.
The Court noted,
“There is a tendency in family cases where the complainant implicates family members of the accused who do not come to the rescue of the complainant and remain as mute spectators. But this cannot constitute a criminal act without there being a specific act attributed to them.”
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The Bench, consisting of Justices B.V. Nagarathna and N. Kotiswar Singh, emphasized that complaints and charges in domestic violence cases must be as specific as possible regarding each accused family member.
The Court further remarked,
“There may be situations where some family members may turn a blind eye to the victim’s violence and may not extend a helping hand, but this does not mean they are also perpetrators of domestic violence unless circumstances clearly indicate their involvement and instigation.”
The Court emphasized the importance of handling genuine cases of domestic violence with the highest sensitivity. It recognized that because such offenses often occur within private spaces rather than in public, obtaining direct evidence can be challenging.
The Court stated,
“What needs to be assessed is whether such allegations are genuine and specific in criminal law, attributing them to family members, or whether they are merely a spillover or side effect of emotional issues,”
This ruling came during the hearing of a petition concerning a case under Section 498A and Section 506 of the Indian Penal Code, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961. The Telangana High Court had previously declined to quash the proceedings against the maternal aunt and cousin of the primary accused.
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Section 498A of the IPC was enacted to protect married women from cruelty by their husbands and in-laws. It states,
Section 498A IPC: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
The provision covers both physical and mental cruelty, including harassment for dowry. However, due to concerns over its misuse, courts have increasingly emphasized the need for careful scrutiny of complaints.
The Supreme Court’s ruling highlights the principle that criminal liability must be specific and evidence-based. While Section 498A remains a crucial legal provision for protecting women from domestic abuse, courts must ensure that its application is not misused to harass innocent relatives. This judgment serves as an important precedent in safeguarding the integrity of legal proceedings in domestic violence cases.
Click Here to Read Previous Reports on Section 498A