Supreme Court cautions against misuse of Section 498A in BNS, emphasizes fair treatment for both spouses. Decision follows quashing of case filed by woman against husband and in-laws.
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NEW DELHI: The Supreme Court has addressed the misuse of Section 498A, which pertains to cruelty against women in the matrimonial home. The Court expressed its concern over the replication of this provision in the Bharatiya Nyay Sanhita (BNS) without adequate safeguards for husbands and their relatives against frivolous complaints. The decision came as the Court quashed a 498A case filed by a woman against her husband, parents-in-law, brother, and sister.
Justices J B Pardiwala and Justice Manoj Misra, who formed the bench, emphasized the importance of refraining from using the police apparatus as a means to coerce husbands on behalf of the wife’s family, friends, or associates. They emphasized that resorting to law enforcement should be considered only as a last resort and should be limited to genuine cases of cruelty and harassment, rather than being employed as a tool for undue coercion.
In the written judgment, Justice Pardiwala emphasized the need for caution, stating-
“Resorting to the police should be the last course of action and only in genuine cases of cruelty and harassment.”
The bench referred to a previous Supreme Court judgment from 2010, which had highlighted the abuse of Section 498A by married women during matrimonial disputes. In response to this concern, the Court had requested the Law Commission and the Law Ministry to reevaluate the provision.
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Cruelty in matrimonial homes is defined under Sections 85 and 86 of the Bharatiya Nyay Sanhita, set to come into force on July 1. The Supreme Court noted that these sections were essentially verbatim reproductions of Section 498A of the Indian Penal Code (IPC). The only difference is that the explanation to Section 498A of the IPC is now a separate provision, namely Section 86 of the BNS.
The Court’s observation in the Preeti Gupta case from 2010 further shed light on the rampant misuse of Section 498A by women to falsely implicate their husbands and in-laws in police cases. It had noted that many such cases stemmed from trivial matrimonial disputes. Cognizant of the tendency for over-implication, the Court urged the government to undertake a serious reevaluation of the provision.
Considering the imminent implementation of the Bharatiya Nyay Sanhita, the Supreme Court has called upon the legislature to address the raised concerns and contemplate essential revisions to Sections 85 and 86 of the BNS. The Court stressed the significance of acknowledging the dynamics of marital conflicts and guaranteeing sufficient safeguarding for all parties implicated.
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