Can I sue my in laws / husband's family under section 498A of the IPC?

The provision of Section 498A was included in the Indian Penal Code to provide for cruelty against women in the institution of marriage and to enable prosecution of the husband and members of his family guilty of inflicting torture or harassment upon the woman.

Section 498A is reproduced hereunder as it stands in the IPC:

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.

Therefore, as the provision itself suggests, a woman being the wife of a man subjected to cruelty, is empowered to sue not just the husband but also his family members and relatives. Although the word relatives has not been defined in the section, judicial pronouncements reveal that generally, the parents, sisters, and brothers i.e. the immediate family of the husband can definitely be prosecuted under this Section.
 

Essentials of Section 498A

The essentials that are required to be fulfilled in order to attract this Section are as follows:

Married woman: The woman must be married. This section has been inserted in order to protect women from unruly and cruel behaviour (in most cases, in her marital home) from her husband and/or her in-laws. 

Cruelty or harassment: That woman must be subjected to cruelty or harassment. Cruelty can have a very wide meaning. Even demand for dowry can be a part of cruelty. In fact

Husband or relatives of husband: Such cruelty of harassment should have been shown either by the husband or the relatives of the husband, or both. 

Further, as per the provision, the following acts amount to cruelty and/or harassment of the woman:

• Any willful conduct which is likely to drive the woman to commit suicide or 

• Any willful conduct which is likely to cause any grave injury to woman, 

• Any willful conduct which is likely to cause danger to life, limb, or mental or physical health of the woman,

• Harassment of the woman with a view to coercing her or her relatives to meet unlawful demand for any property or valuable security, 

• Harassment of the woman on account of the woman’s failure to meet such demands of dowry. 

Also, the provision under Section 498A provides for both mental and physical cruelty. 

The parliament, while bringing about the legislative changes in the criminal justice system to alleviate the problems faced by women in India, was aware of the situations women face in their marital homes and that often the persons guilty of subjecting women to cruelty are the relatives of her husband, including the in-laws. Therefore, this special provision was included in the IPC.