Section 498A : An Analysis

Section- 498A: An Analysis

Project submitted to

Ms. Madhurima Dey Sarkar

Faculty: Women and Law

Project submitted by

Prashant Kerketta

Semester VIII

Roll no. 119

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, C.G.

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 Section 498A : An Analysis

ACKNOWLEDGEMENT

I am highly elated to carry out my research on the topic, Section 498A: an Analysis . I would
like to give my deepest regard to my course teacher Ms. Madhurima De Sarkar, who held me
with her immense advice, direction and valuable assistance, which enabled me to march ahead
with this topic. I would like to thank my friends, who gave me their precious time for guidance
and helped me a lot in completing my project by giving their helpful suggestion and assistance. I
would like to thank my seniors for their valuable support. I would also like to thank the library
staff and computer lab staff of my university for their valuable support and kind cooperation.

Prashant Kerketta

Semester VIII

BATCH- 13

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 Section 498A : An Analysis

TABLE OF CONTENTS

CHAPTER 1
Introduction4
Statement of Problem.5
Research Questions5

Scope of study5

Research Methodology..5

CHAPTER 2

Overview...6

CHAPTER 3

Constitutional Validity7

Uses..8

CHAPTER 4

Misuse.9

S.498A as a Extortion Racket....11

CHAPTER 5

Conclusion..14

Bibliograpgy/Webliography...15

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 Section 498A : An Analysis

Introduction and History

Section- 498A is a criminal offence that came into existence to combat domestic violence and
protect women from dowry harassment.

The history of this law runs as follows. In the 1980s, the incidences of 'dowry deaths' were
steadily rising in India. A dowry death is the murder of a young woman; committed by the in-
laws, when she was unable to fulfill their coercive demands for money, articles or property,
categorized as dowry. Organizations across the country pressurized and urged the government to
provide legislative protection to women against domestic violence and dowry. The objective was
to allow the state to intervene rapidly and prevent the murders of young girls who were unable to
meet the dowry demands of their in-laws. As a result of the intense campaigning and lobbying,
significant amendments were made in the Indian Penal Code, the Indian Evidence Act and the
Dowry Prohibition Act, with the intention of protecting women from marital violence, abuse and
dowry demands. The most important amendment came in the form of the introduction of Section
498A in the Indian Penal Code (IPC).

This section tries to maintain that every married woman needs to be given due respect and
treated with care. It reinforces the fact that a woman is not a toy to be played with, to be thrown
away at ones whims and fancies and treated as inferior to any other. It inherently asks for
husbands to treat their wives well and not misbehave or demand unjustly which in a way sends
forth a message that a woman is a commodity for sale.

For safeguarding the interest of woman against the interest of woman against the cruelty they
face behind the four walls of their matrimonial home, the Indian Penal Code,1860(herein after
referred to as I.P.C.) was amended in 1983 and inserted S.498A which deals with Matrimonial
Cruelty to a woman.

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 Section 498A : An Analysis

1.1 Statement of Problem

To critically analyze Section 498A and its Use and Misuse. It has become a tool or can say the
simplest way to harass is to get the husband and his relatives arrested under this provision.

1.2 Research Questions

To have a Brief study of section 498A.

To Study about the uses of section 498A.
To study about the misuse of setion498A.

1.3 Scope of Study

The scope of this project is limited.

1.4 Research Methodology

The method of research adopted for the project is the analytical and descriptive method.

The texts that were used for the project include articles, research papers and news given in
various websites as well as online journals.

Overview of section 498A of IPC

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 Section 498A : An Analysis

Indian Penal Code - Section 498A, IPC Introduced in the Penal Code by Criminal Law (Second
Amendment) Act of 1983

498A. Husband or relative of husband of a woman subjecting her to cruelty: 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.

Explanation: For the purposes of this section, "cruelty" means

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of
the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet such demand.

Analysis of the section shows that this law deals with four types of cruelty:

Any conduct that is likely to drive a woman to suicide.

Any conduct which is likely to cause grave injury to the life, limb or health of the woman.
Harassment with the purpose of forcing the woman or her relatives to give some property,
or
Harassment because the woman or her relatives are either unable to yield to the demand
for more money or do not give some share of the property.

Constitution Validity of Section 498-A

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 Section 498A : An Analysis

In Inder Raj Malik and others vs. Mrs. Sumita Malik 1, it was contended that this section is ultra
vires Article 14 and Article 20 (2) of the Constitution. There is the Dowry Prohibition Act which
also deals with similar types of cases; therefore, both statutes together create a situation
commonly known as double jeopardy. But Delhi High Court negatives this contention and held
that this section does not create situation for double jeopardy. Section 498-A is distinguishable
from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is
punishable and existence of element of cruelty is not necessary, whereas section 498-A deals
with aggravated form of the offence. It punishes such demands of property or valuable security
from the wife or her relatives as are coupled with cruelty to her. Hence a person can be
prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition
Act and this section.

This section gives wide discretion to the courts in the matters of interpretation of the words
occurring in the laws and also in matters of awarding punishment. This provision is not ultra
vires. It does not confer arbitrary powers on courts.

In the leading case of Wazir Chand vs. State of Haryana2, involving the death by burning of a
newly married woman, the circumstances did not establish either murder or an abetted suicide
and thus in-laws escaped the jaws of section 300 and 306, but they were caught in the web of this
newly enacted section for prevention of harassment for dowry. Not to speak of the things they
are persistently demanding from the girls side, the fact that a large number of articles were taken
by her father after her death from her matrimonial abode, showed that there was pressure being
exerted on-in laws and continued to be exerted till death for more money and articles.

With the rise in modernisation, education, financial security and the new found independence the
radical feminist has made 498A a weapon in her hands. Many a hapless husbands and in laws
have become victims of their vengeful daughter-in-laws. Most cases where Sec 498A is invoked

1 1986 Cr.L.J. 1510

2 AIR 1989 SC 378.

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 Section 498A : An Analysis

turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they
are mere blackmail attempts by the wife (or her close relatives) when faced with a strained
marriage. In most cases 498A complaint is followed by the demand of huge amount of money
(extortion) to settle the case out of the court

Use of Section 498 A by Indian Courts:

Indian Courts had been using this provision to safeguard the women from facing the cruelty
faced by them at their matrimonial home.

9 out of 10 of the cases are always related to dowry,wherein the woman is continuously
threatened for want of more money and property which if remains unfulfilled, the married
woman is tortured, threatened, abused- both physically and verbally and harassed. Like in the
case of Ram Kishan Jain & Ors v State of Madhya Pradesh 3 due to insufficiency of dowry
demands the woman was administered calmpose tablets and thereafter she even cut the arteries
of both her hands. Sometimes, dowry may not be the cause but the woman for several reasons
like her complexion or family status is tortured to death.

Also S.498A IPC does not only deal with dowry deaths but also any willful conduct on part of
the husband which causes harm to the wifes life, limb or health (whether mental or
physical).To prove that cruelty was caused under Explanation a) of S.498A IPC it is not
important to show or put forth that the woman was beaten up- abusing her verbally, denying her
conjugal rights or even not speaking to her properly[13] would fall into the ambit of mental
cruelty.

3 II (2000) DMC 628

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 Section 498A : An Analysis

Misuse of Section 498A in Modern World

A violation of this section, its goals and its aims is on the rise with the woman frivolously
making false allegations against their husbands with the purpose of getting rid of them or simply
hurting the family.

The abuse of this section is rapidly increasing and the women often well- educated know that this
section is both cognizable and non-bailable and impromptu works on the complaint of the
woman and placing the man behind bars.

Like in the case of Savitri Devi v Ramesh Chand & Ors4, the court held clearly that there was a
misuse and exploitation of the provisions to such an extent that it was hitting at the foundation of
marriage itself and proved to be not so good for health of society at large. The court believed that
authorities and lawmakers had to review the situation and legal provisions to prevent such from
taking place.

This section was made keeping in mind protection of the married woman from unscrupulous
husbands but is clearly misused by few women and again this is strictly condemned in Saritha v
R. Ramachandran5where the court did notice that the reverse trend and asked the law
Commission and Parliament to make the offence a non-cognizable and bailable one. It is been a
duty of the court to condemn wrongdoings and protect the victim but what happens when the
victim turns into the abuser? What remedy does the husband have here?

On this ground, the woman gets to divorce her husband and re-marry or even gain money in the
form of compensation. Many women rights groups go against the idea of making the offence a
non-cognizable and bailable one thinking that this gives the accused a chance to escape
conviction. But what this would do is that it would give a fair chance to the man and above all
help meet the ends of justice. Justice must protect the weaker and ensure that the wronged is
given a chance to claim back his/her due.

4 (2003) DMC 328

5 2002 (6) ALD 319, 2002 (4) ALT 592, I (2003) DMC 37

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 Section 498A : An Analysis

When women accuse their husbands under S.498A IPC by making the offence non-bailable and

cognizable , if the man is innocent he does not get a chance quickly to get justice and justice
delayed is justice denied. Therefore, the lawmakers must suggest some way of making this
section non-biased to any individual such that the guilty is punished and the person wronged is
given justice.

The position of the women in India is still bad. They still need rights to alleviate themselves in
society but many a times fail to notice others rights as long as their rights are ensured. The
educated woman of today must agree with the mantra of equality and demand the same but the
trend is slowly getting reversed. Women are taking due advantage of the fact that they are
referred to as the weaker sex and on the foundation of rights ensured to them are violating
others rights.

Though section 498-A aims at protection and safety of woman from her husbands and his
relatives cruelty and harassment, this shield is used as a weapon by many females for their own
purposes.6 Many womens are using this section against their husbands and his relatives without
any attempt or cruelty practiced. Indian law has always laid emphasis on protection of the
innocent. It has always been emphasised that ten guilty persons can be acquainted rather
punishing a single innocent person. But this section is being misused and innocents are punished.

Misuse of section 498A has also been called as legal terrorism by the Supreme Court of India.
Many instances have come to light where the complaints are not bonafide and have been filed
with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the
ignomy suffered during and prior to trial. A new legal terrorism can be unleashed by the misuse
of the provision.

In a landmark judgment, the Delhi High Court has ruled that lodging false dowry complaints
against men amounts to cruelty and can be a ground for dissolution of marriage. The court
granted divorce to a man who alleged mental cruelty by his wife.

6 legalserviceindia.com

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 Section 498A : An Analysis

498A as an extortion racket

In legal terms, 498A is an offence, which is:

Cognizable: Offences are divided into cognizable and non-cognizable. By law, the police
are duty bound to register and investigate a cognizable offence. 498A is a cognizable
offence.
Non-Bailable: There are two kinds of offences, bailable and non-bailable. 498A is non
bailable. This means that the magistrate has the power to refuse bail and remand a person
to judicial or police custody.
Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be
withdrawn by the petitioner. The exception is in the state of Andhra Pradesh, where 498A
was made compoundable.

In actual terms, 498A is an offence,which is:

Cognizable: The police will register a 498A case since it is required by law, but they dont
investigate but go on to arrest people because of the money to be made in bribes from both
sides in a 498A case.
Non-Bailable: Since bail is at the discretion of the magistrate, all sorts of games will be
played to have families locked up while negotiations go on to settle the case. This may
happen in cases where the magistrates are allegedly corrupt or, the public prosecutor and
the cops are in cahoots.
Non-Compoundable: Though 498A is non compoundable, the courts are allowing the
withdrawal of the case when the parties agree to reconcile or settle case. In real terms, if
you pay up, the case goes away. If you dont youll get stuck with a criminal case that will
go on for years.

The other characteristics of this extortion racket are:

It is a law that fosters corruption and enables govt agencies like the police to violate
Fundamental Rights.

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 Section 498A : An Analysis

It plays a role in gender based vote bank politics.

It denies justice to the real victims of dowry harassment.
It exposes innocent families to the evils of the corrupt Indian criminal justice system.
This is a law poisoning the lower judiciary by exposing it to corruption.
Above all, this is a gamble bound to fail if the accused choose to fight back.

Motives And Instigators:

Money: The greatest of motivators. A 498A can lead to great terms for a fat cash
settlement, or help her dad or sibling in their ventures, etc, etc.
Vengeance: Hell hath no fury like a woman scorned. She will have her revenge and the
family will collectively bear the brunt of it. The 498A Wives have a soft corner for their
mothers -in law and sisters in law. They may very well see the inside of a prison.
Guilt: Shes done something wrong, may have committed adultery and got caught in the
act. She wants to cover it up with a dowry harassment case to garner sympathy and to
provide cover for her guilt. It also puts her in a good position to negotiate a fat settlement
and gain custody of kids, if kids are involved. 498A will be filed when paternity is in
question. Dont count on DNA evidence, as the courts do not/ or are reluctant to allow it.
Indian law is still ruled by the evidence act from 1872.
She Is Just Not Into Her Husband: She may not like her husband and 498A is a
convenient tool to get out of the marriage.
She Is A Control Freak: She wants to control her husband in every possible way. She
may also want her husband to not support his parents and siblings in any fashion
regardless of his ability to do so. She may want her husband to throw his parents out of
their house. Her goal is to gain control of all aspects of his life, including finances and to
break the bonds and responsibilities that tie him to his family. Her failure to do so will
result in a 498A.
To Marry The Boyfriend: This is a new trend whereby she will file a 498A just to force
her husband into settling the divorce with a chunk of cash and then go on to marry her
boyfriend. They will use the cash to set up their Chota Sa Ghar, or their Premiyon Ka
Mahal if the settlement is large enough.

498A is the perfect tool for extortion and/or to wreak vengeance on a family. The main
ingredients that go into making it an extortion racket are:

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 Section 498A : An Analysis

The involvement of the corrupt, untrained, Indian police force in a domestic dispute. The
involvement of the overburdened and unregulated lower courts and the convoluted and
lengthy Indian justice delivery system.
The non-enforcement of penalties (Section 182) for filing frivolous cases or for perjury.
Political/police influence from the other side.

CONCLUSION

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 Section 498A : An Analysis

After the entire study we can conclude that though Section 498-A of IPC was brought in forth for
the protection of women from the cruelty of her husband and his relatives it is being abused by
some thoughtless womens. Instead Government should drop the move for amending 498A to
make it compoundable. Make Section 498A bailable and non-cognizable.

Bibliography/Webliography

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www.academia.com

www.scribd.com

www.lawyersclubindia.com

www.legalindia.com

www.legalfarm.com

www.timeofindia.indiatimes.com

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