What is the Punishment for Misuse of Section 498 A?

Cruelty against women within the institution of marriage posed certain difficulties in matters of prosecuting the accused and proving the guilt. This was because, more often than not, women bear their sufferings in silence. Obtaining independent witnesses is also a difficult task because the violence against the wife is generally inflicted within the four walls of the house, away from the public gaze. Further, demands for dowry triggered harassment of women if they failed to meet the same. The violence is generally in subtler and more discreet forms (e.g., mental cruelty), but equally torturous, many a time driving the woman to take her own life.

Before 1983, harassment of a wife by her husband or her in-laws was covered by the general provisions of the Indian Penal Code dealing with assault, hurt, grievous hurt, or homicide. However, the increasing violence against women especially young, newly married women, and growing incidents of bride burning became a matter of concern to everyone and it was felt that the general provisions of the IPC were not adequate to deal with the atrocities against women. Accordingly,  S ection 498A  and Section 304B (dowry death) were added to the IPC. Subsequently, Section 174 , was also amended making inquests by executive magistrates mandatory in cases of suicides or suspicious deaths of women within seven years of their marriage. Section 113B  was added to the Evidence Act , wherein it was provided that if it was shown that soon before the death of a woman she was subjected to cruelty or harassment by a person in connection with demand for dowry, then it shall be presumed that such person who harassed the woman had caused the death of the woman. However, the provision that was incorporated to safeguard women from atrocities caused by their husbands and in-laws soon became a tool for blackmail and extortion. The women started to invoke the provision and press charges against their husbands and in-laws to take revenge in stressed marriages.
 

Misuse of Section 498A

With the rise in the rate of education, financial security, and modernization the more independent and radical feminists have also made Section 498A of IPC, a weapon in their hands rather than a shield. Because of this many helpless husbands and their relatives have become the victims of the vengeful daughters-in-law of their house. These days in many cases where Section 498A  is invoked, they turn out to be false cases and the same has been time and again accepted by the High Courts and Supreme Court of India, as they turn out to be mere blackmail attempts by the wife (or her close relatives) when troubled with a stressed marriage. Because of this in most cases, the Section 498A complaint is generally followed by the demand of a huge amount of money to settle the case outside the court.

In one of the cases, the court held specifically that there are misuse and exploitation of the provisions to such an extent that it was hitting on the basis that is the foundation of marriage itself and which ultimately proved to be not a good sign for the health of society for the public at large. The same statement of the misuse of laws vehemently is even ascertained by the responsible authorities of the society, such as the police, politicians, and even judges of the distinguished Courts. Particularly the allegation of misuse is made against Sec 498A of the IPC and Sec 304B. Similar views were also expressed in the 2003 Malimath Committee report on reforms in the criminal justice system that depicted, significantly, the "general complaint" of Section 498A  of the IPC to be a subject to gross misuse therefore the same report suggested an amendment to the impugned provision, however, it failed to provide any data regarding how frequently the section is subject to misuse.
 

Punishment for misuse of Section 498A

In case the husbands and in-laws have been falsely implicated in a Sec 498A case, they can take shelter or counter-sue the wife or the daughters-in-law under Section 182 (False information, with intent to cause public servant to use his lawful power to the injury of another person) and Section 211 (False charge of offense made with intent to injure) of the Indian Penal Code. Moreover, they can ask for compensation for falsely being accused under Sec 498A from the wife or daughter-in-law under Section 250 (Compensation for accusation without reasonable cause) and Section 358  (Compensation to persons groundlessly arrested) of the Criminal Procedure Code.
 

Constitutional validity and misuse of Section 498A

In a case where the constitutional validity of section 498A was questioned on the following grounds:

• That it has been grossly abused by married women to harass their husbands, in-laws, and relatives by instituting frivolous and unfounded criminal proceedings,

• It has become an easy tool in the hands of the Police and other agencies to hound persons with the threat of arrest,

• That the investigating agencies and the courts start with the presumption that the accused persons are guilty,

• That it has been exploited by women and their relatives.

However, the Supreme Court, rejecting these pleas, upheld the constitutional validity of section 498A. It held that the mere possibility of abuse of a statutory provision doesn't per se make a provision of law exceeding its powers beyond the rights provided under the Constitution. In such cases, action and not the section may be vulnerable. The court also opined that it must be presumed unless the contrary is proved, that the administration and application of a provision of law is done not with an evil eye but an unequal hand.
 

How can a lawyer help?

Being charged with a crime such as the one mentioned under Section 498A is a serious issue. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal case as serious as that of Section 498A warrants the legal advice of a qualified criminal lawyer  who can protect your rights and secure the best possible outcome for your case. Owing to his experience in such cases, a criminal lawyer is an expert in dealing with the complexities involved in cases of mental cruelty and this is why having a criminal lawyer by your side to guide you with a case like this always adds up to your potential in dealing with the case. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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