Jaimaala Mam

ABUSE OF SECTION 498A IPC: A STUDY
TERM PAPER
Submitted to the University Institute of Legal Studies, Panjab University,

Chandigarh
In the partial fulfillment of the requirements for the Degree of
MASTERS OF LAWS
Submitted to: Submitted by:

Dr. Jai Mala Narotra Avneet Kaur
University Institute of Legal Studies LLM (1 year)
Panjab University UILS
Chandigath Panjab University
Chandigarh
University Institute of Legal Studies

Panjab University, Chandigarh
2016-2017
1
CERTIFICATE
This is to certify that Ms. Avneet Kaur has worked on the term paper entitled “Abuse of Section
498A IPC: A Study” under my supervision in partial fulfillment of the requirements for the
degree of Master of Laws. This term paper is fit for evaluation.
Dated:
Dr. Jai Mala Narotra University Institute of Legal Studies

Assistant Professor Panjab University, Chandigarh
2
ACKNOWLEDGEMENT
This term paper “Abuse of Section 498A IPC: A Study” was successfully concluded under the
guidance and assistance of the learned faculty. I take this opportunity to acknowledge their
guidance and support in writing this term paper.
My appreciation to guide Dr. Jai Mala Narotra, who helped me in choosing an apt topic for my
term paper. I would also like to thank the Director, University Institute of Legal Studies, Panjab
University, Chandigarh for the constant support and help provided. My special thanks to the
librarian and the library with a rich resource of books which gave me loads of information on my
topic. My appreciation to my parents and friends as without their constant support and efforts,
this project would not have been here at all. I must acknowledge a debt to various authors whose
books gave me loads of information and inspiration.
(Avneet Kaur)
3
DECLARATION
I hereby declare that this term paper titled “Abuse of Section 498A IPC: A study” is my own
work and the same has not been submitted in any University or Institute for the award of any
Degree or Diploma.
Dated:
(Avneet Kaur)
4
LIST OF ABBREVIATIONS
AIR All India Reporter
Cri. LJ Criminal Law Journal
HINDU L.R. Hindu Law Reporter
SCC Supreme Court Cases
5
TABLE OF CASES
SL.NO. CASE TITLE

1 A Jayachandra v. Aneel Kaur (2005)2 SCC 22
2 BrijLal v. Prem Chand 1989 AIR 1661
3 Daud Mohammad Aga v. State, 1995 Cri L.J. 2947 (Bom.)
4 Hira Choudhary v. State of West Bengal, 1997 (1) WLC 543
5 Holmes v. Holmes,(1755)2 Lee; 161 ER 283
6 Inder Raj Malik v. Sunita Malik,1986 (92) CRLJ 1510
7 Jagdish v. State of Rajasthan, 1998 RCR (Cr) 9
8 Jasbir Kaur vs. State of Haryana (1990)2 Rec Cri R 243
10 K.Subramaniam v. State, 1989 (1) Hindu L.R. (Mad) 63

11 Kanaraj vs. State of Punjab 2000 Cri LJ 2993
12 Kodadi Srinivasa v. State of A.P. 2001 (2) DMC 708
13 LV Jadhav v. SA Pawar 1983 Cr LJ 150
14 Maeyaea Vishvanatha Rao v. State of A.P.2003 Cr. L.J. NOC
11B (A.P.)
15 Mohd. Hoshan vs. State of A.P. 2002 Cri LJ 4124
16 N.G. Dastane v. S. Dastane (1975)2 SCC 326
17 NeeluKohli v. Naveen Kohli AIR 2006 SC 1675
18 Odeti Ram Reddy v. State of A.P. 2002 Cr. L.J. (NOC) 221
6
(AP)
19 Pawan Kumar v. State of Haryana J.T. 1998 (1) SC- 565
20 Rajesh Dewan v. State of Del.1999 (2) Hindu L.R. (Del) 250
21 Saritha v R. Ramachandran I (2003) DMC 37 (DB)
22 Satya Narayan Tiwari v. State of U.P., 2011 Cri. LJ 445
23 Satish Kumar Batra v. State of Haryana, AIR 2009 SC 2180
24 Saifan Rahimsaheb Shaikh v. State of Maharastra2001 (1)

Hindu L.R. (Bom) 624
25 Savitri Devi v Ramesh Chand &Ors II (2003) DMC 328
26 Srinivasalu v. State of A.P Appeal (Crl.) 11 of 2002
27 Sushil Kumar Sharma v. Union of India &Ors. AIR 2005 SC
3100
28 Surender Yadav v. State of Delhi (DB) All C.L.R 2000(2)
160
29 Sushil Kumar Sharma v. UOI,JT 2005 (6) SCC 266
30 State of Karnataka v. Moorthy 2002 Cr. L.J. 1683
31 State of Karnataka v. Balappa, 1999 Cr. LJ 3064 (Kant)
32 State of Karnataka v. C.Prakash1998 (1) Hindu L.R. (KAR)

(DB) 185
33 State of West Bengal v. Orilal JaiswalAIR 1994 SC 1418
34 State v. Siddaraju 2001 (1) Hindu L.R. (KAR) 660
35 State of U.P. v. Ramesh Prasad Mishra 1996 SCC (Cr.) 1278
36 Thati Konda v. State of A.P. 1992 (1)Crimes 1114
37 V. Bhagat v. D. Bhagat 1994 1 SCC 337
7
38 Vinitha Saxena v. PankajPandit, (2006)3 SCC 778
39 Yaldapati Kutumba v. State 2003 Cr. L.J. 4220 (AP)
8
CONTENTS
TOPIC PAGE NO.
• DECLARATION i
• CERTIFICATE ii
• ACKNOWLEDGMENT iii
• LIST OF ABBREVIATIONS iv
• TABLE OF CASES v-vi
CHAPTER-I: INTRODUCTION AND RESEARCH 1-18

METHODOLOGY
CHAPTER-II: EMERGENCE OF THE CONCEPT OF 19-23

“CRUELTY” AS A SOCIAL EVIL
CHAPTER-III: REASONS BEHIND THE INSERTION 24-28

OF THE PROVISION RELATED TO
CRUELTY UNDER INDIAN PENAL
CODE, 1860.
CHAPTER-IV: SECTION 498A IPC, 1860: A 29-35

CRITICAL ANALYSIS
MAJOR FINDINGS 36
CHAPTER-V: CONCLUSION 37-38
SUGGESTIONS 39
9
BIBLIOGRAPHY 40
10
CHAPTER-I
INTRODUCTION AND RESEARCH METHODOLOGY
Introduction to the research project:
Since time immemorial family has been considered to be the founding stone of the society. And
this institution at the same time has been considered an intimate sphere and devoid of conflicts of
interests among the members that poses ideal cultural and focus of identity. Marriage is one of
the principal tool used in expansion of family but having said that the institution of civil marriage
has undergone monumental changes in the last few decades.
First we have to look that what the word ‘marriage’ means i.e. ‘Marriage is the voluntary union
for life of one man and one woman to the exclusion of all others.’ It is considered to be a sacred
commitment made by the spouses towards each other. It is regarded to be the social alliance
between two families. It is essential that vows, promises, commitments that are exchanged by the
spouses are revered with a sincere heart because it is this institution which eulogizes the
hallmark of love, bonding, union of families and harmony. Endeavour should always be made to
sustain the sanctity of such divine institution since it is such an edifice which must be rebuilt
every day. Here in this social institution the husband has the responsibility to take care of and
maintain his wife. He cannot neglect his duties.
The beginning of 19th century plays an important role in degrading Indian women till its depth.
The fear of insecurity not only envisaged in unmarried young women but also married women.
In India, “family” has always been prime importance. Marriage being an important social
institution since Vedic period was biased against women. It was regarded as the social alliance
between two families instead of two persons. The bride was expected to serve her husband and
his family and ensure their happiness and well being. There was no question of her happiness,
expectation or content. There were three main objectives of Hindu marriage: dharma or religious
duties to be performed by the couple, proja or procreation, and rati or conjugal love.
The exploitation of woman began with the child marriage. A girl too young to take life seriously,
a girl too young to understand the meaning of ‘life’ and ‘marriage’, had to step into the world of
thorns. She was subjudicated by her mother-in-law and other members of her husband’s family,
most of the time including even her husband. She was expected to observe ‘purdah’, not to speak
11
to elders, speak in low voice to younger members of family, not to speak or meet her husband
except midnight and bear all harsh words and sufferings for even minor fault and above all never
to express her sorrows or utter a word of distress to anyone.
A woman had no freedom, neither personal nor economic. Traditionally, the Hindu woman had
distinct economic right called ‘stridhan’. In order to partially set off the disability suffered under
the notion of joint ownership by male members, the smritikars assigned a special category of
property to women termed as ‘stridhana’.3 The first mention of this term is found in Gautama
Dharma sutra. He provided not only for the women’s separate property but also distinct and
separate rules for its succession. But the definition of ‘stridhana’ changed over from time to time,
granting all the rights and power to husbands. Consent of the girl was not considered to be
relevant and hence, she was left with no choice, except to accept all pains and marry.
The traditional concept of marriage has greatly changed and Hindu marriage is considered to be
of dual nature i.e. of both religious sacrament and contract, where mutual consent and benefit of
both the parties are duly aided by different legal provisions and reforms. Attempts to bring about
changes in the status of women either through legislation or judicial activism can achieve little
success without a simultaneous movement to transform the social and economic structures and
the culture (values, ideologies and attitudes) of society.
One of those attempts to bring changes in status of women and relieve her from her sufferings,
pains and gloomy environment is given under chapter XX-A of Indian Penal Code, 1860.
The institution of marriage suffers from a major social evil i.e. dowry (Money or property
brought by a woman to her husband at the time of marriage); and for the dowry husband
exercises physical as well as mental cruelty on wife. Women are ill-treated, harassed, killed,
divorced for the simple reason that they didn’t brought dowry. For safeguarding the interest of
woman against the cruelty they face behind the four walls of their matrimonial home, the Indian
Penal Code, 1860was amended in 1983 and inserted Section 498A which deals with matrimonial
cruelty to a woman.
Having said that, now in 21st century the concept of cruelty which was earlier exercised by the
husbands on married women, nowadays took a new colour and situation is vice-versa. At the
time of introduction of the section it instilled some hope and optimism in the hearts of the
12
woman and her family as it was seen as an ‘armour’ to combat against the brutality of the male
members of the society nevertheless with the passage of time it became transparent that the
provision of Section 498A IPC, 1860 left a host of loopholes which seemed to become a
powerful ‘weapon’ if falls on evil hands.1
So by looking in to the above situation we may draw two conclusions i.e. firstly, the main
intention behind the penal law of cruelty against married women by husband is not fulfilled and
secondly, on the other hand the law is being misused and the in-laws and the husband are
mentally and monetarily harassed.2
Research methodology:
The research methodology adopted by the researcher is a doctrinal research. However the
researcher with a view to compliment and substantiate his research paper corroborated his study
with other forms of legal research such as comparative legal research, case studies and also
critical analysis. It also throws light on the list of study materials and data and their sources,
procured by the researcher as the instrument to conduct the research. Comparative legal research
enabled the researcher to critically appreciate and compare the legal interpretations of various
courts.
Definition of Doctrinal Research:
A doctrinal research means a research that has been carried out on a legal proposition or
propositions by way of analysing the existing statutory provisions and cases by applying the
reasoning power.3
Doctrinal Research involves analysis of case laws, ordering and systematizing legal propositions
and study of legal institutions, but it also creates law and its major tool through legal reasoning
or rational deductions.
1
K.D.Gaur, The poor victim of uses and abuses of criminal law and process in India, Published in Indian Bar
Review by the (BCI) Trust, Vol. XXVII, (July- Dec) (2000)
2
When men are the victims, The Statesman <retrieved from
http://thestatesman.net/page.arcview.php?clid=13&id=78995&usrsess=1> <accessed on 15th February 2017 at
4.10 pm>
3
Dr. S.R. Myneni, “Legal Research Methodology” 39 (Allahabad Law Agency, 5th ed. 2012)
13
According to S.N.Jain, doctrinal research involves analysis of case law, arranging, ordering and
systematising legal propositions and study of legal institutions through legal reasoning or rational
deduction.4
Justice Cardozo highlights the importance of doctrinal research by saying that a law and legal
principle are not final; they are in the state of making.5
Problem Profile:
The project work done by the researcher mainly revolves around the concept of cruelty which is
been practiced in a matrimonial relationship between the spouses. Cruelty was mainly practiced
as a part and parcel of a social evil known as dowry system. Earlier married women were
subjected to cruelty so much by their in-laws that they have only relief to resort was to commit
suicide. Then the government took an active step and brought section 498a under the Indian
Penal Code as a shield against cruelty in the year 1983. But we can see that in the first half of the
21st century it took a new shape and colour and the very section which was inserted in penal laws
for the benefit of the women raised a plethora of questions and issues to be dealt with.
The legal luminaries and social scientists are of the opinion that the whole provision is
harbouring the possibility of massive social upheaval in large scale. It is plagued with innate
ambiguity and lack of prudence. There is a rapidly escalating social evil in the Indian families
where Section 498A has become more of a weapon rather than a shield. A section which was
originally meant to be a bulwark especially to combat against the atrocious infliction of torture of
the male members of the society, has now become a legally recognized alibi in the hands of
women in the case of which she decides to leave the husband’s house on preposterous grounds
and would still possess the entitlement of receiving alimony, rendering the husband and his
family wretched.
In other words the law made for relief is now being totally misused. Along with it, many other
problems are working as ancillary part of such misuse such as corruption among the policemen
and law enforcers who usually take bribes from one party to harass the other; shrewd politicians
who take advantage of the scenario in spite of knowing that many frivolous complaints are being
4
Dr. S.R. Myneni, “Legal Research Methodology” 39 (Allahabad Law Agency, 5th ed. 2012)
5
Dr. H.N.Tiwari, Legal Research Methodology, Allahabad Law Agency Publication, First Edn., (Reprint), 2003,
Faridabad (Haryana),p. 12
14
lodged by women just to harass the in-laws, while they support them in order to secure the vote-
bank; even the lower judiciary disposes of such cases quickly without looking into the facts in
hand carefully 6 . It is now a herculean task for the court to differentiate between the false
accusations and defending the real victims since the whole provisions aims at protecting the
women from being tortured on the hands of her husband or his family. 7
Rationale of the project:
The project throws light on the concept of cruelty against married women; to what extent it has
been implemented; and the actual practice of section 498a IPC, 1860, in 21st century.
The objectives of the project are as follows:
• To study the object behind the introduction of Section 498a Indian Penal Code, 1860.
• To study the impact of Section 498a Indian Penal Code, 1860 as a social reform measure.
• To examine the present day scenario in relation to the implementation of Section 498a
Indian Penal Code, 1860 and how come it had incurred the title of ‘legal terrorism’.
• To make recommendations or find out possible solutions in relation to the problem of

misuse of the penal provision.
Review of literature of the present research project:-
The literature reviewed by the researcher for the project are as follows:-
• Author: Kusum, Family law lectures, Family law-I Published by LexisNexis Butterworth
Wadhwa, Nagpur, Edition 2nd (2008)
The above-stated book helped the researcher in understanding the historical background
of the concept of cruelty as well as different personal laws pertaining to cruelty.
6
Things to handle in post 498a period <retrieved from http://www.498a.org/post498a.htm> < accessed on 4th
February 2017 at 4.05pm>
7
Laws against domestic violence :Underused or Abused?, India Together, Issue 120 <retrieved from
http://www.indiatogether.org/manushi/issue120/domestic.htm> << accessed on 4th February 2017 at 9.50 pm>
15
• Author: J.D. Chandna, Law relating to dowry deaths dying declaration suicides &
cruelties to women, Published by the Bright Law House, Delhi, Edition 1st (2005)
The above-stated book helped the researcher in understanding the concept of cruelty with
the help of various case laws, verdicts given by the Judiciary.
• Author: Ratanlal Ranchoddas and Dhirajlal Keshavlal Thakore, Indian penal code
Published by LexisNexis, Edition 34th, (2014)
The above-stated book helped the researcher in finding out relevant case-laws related to
Section 498A IPC and cases where misuse has occurred. It also helped the researcher to
know the historical background regarding the insertion of the provision under Indian
Penal Code, 1860.
• Author: K.D.Gaur, Textbook on the Indian penal code, Published by Universal Law
Publishing Co. Edition 4th (2009)
Section 498A IPC as well as the concept of dowry death laid under section 304B IPC.
• Author: K.D.Gaur, Criminal law: cases and materials Published by LexisNexis

Publications, Edition 7th, (2013)
Section 498A IPC
• Author: Mamta Rao, Law relating to women and children, Published by Eastern Book
Company, Edition 3rd, (2012)
Section 498A IPC and the meaning of the provision.
• Author: S.R.Myneni, Legal research methodology, Published by Allahabad Law Agency,

Edition 5th 2012
The above-stated book helped the researcher to know and understand the basic concepts
of research methodology like research, problem, rationale etc.
16
• Author: T.Padma and KPC Rao, Legal research methodology, Published by New Age
International Publishers, Edition 3rd, 2014
• Author: C.K.Kothari and Gaurav Garg. Research methodology, methods and techniques,
Published by New Age International Publishers, Edition 3rd, 2014
Articles:
• Sec 498A of the Indian Penal Code a weapon in the hands of vamp by Aejaz Ahmed on
January 3 2005
Section 498a was originally designed to protect married women from being harassed or
subjected to cruelty by husbands and/or their relatives. This law was mainly aimed at curbing
dowry harassment. Unfortunately, this law has been misused to harass men and their families
rather than protect genuine female victims of harassment. The Supreme Court of India itself has
labeled the misuse of section 498a as “legal terrorism” and stated that “many instances have
come to light where the complaints are not bona fide and have been filed with an oblique motive.
In such cases, acquittal of the accused does not wipe out the ignominy suffered during and prior
to the trial. Sometimes adverse media coverage adds to the misery.“
In agreement with the above statement, the findings of a study conducted by The Centre for
Social Research indicated that 98 percent of the cases filed under IPC section 498a are false.
Nevertheless, the law has been always justified based on its intention of protecting women. At
this point it would be worthwhile to think about how IPC section 498a has really affected
women.
 Dowry law is a shield, not an assassin's weapon by J. Venkatesan
Section 498 A of the Indian Penal Code, which deals with dowry harassment of a woman by
either her husband or his relatives."The object of this provision is prevention of the dowry
17
menace. But as has been rightly contended by the petitioner many instances have come to light
where the complaints are not bona fide and have been filed with an oblique motive.”
• Dowry law no license to settle scores by R. VENKATARAMAN

The judges, however, declined to strike down Section 498A of the Indian Penal Code and
Section 113B of the Dowry Abolition Act providing punishment for giving or taking
dowry.“Merely because the provisions are constitutional' that does not give a license to
unscrupulous persons to wreck personal vendetta or unleash harassment,” The judges said “it
may become necessary for the legislature” to find “appropriate” ways to deal with people behind
“frivolous complaints or allegations”, as the laws do not give any directions in this regard. The
observation is neither a directive nor a mandate under any article of the Constitution. However,
the judges said trial should continue in the dowry case that prompted the apex court’s comments.
Courts “have to take care of the situation within the existing framework” till the legislature
brings a provision to deal with “frivolous” complaints, the bench said. The object of the laws are
“to strike at the root of the dowry menace” and the “provision is intended to be used as a shield
and not an assassin’s weapon, it said. If people cry “wolf” too often as a prank, assistance and
protection may not be available when the actual “wolf” appears”,
• Plug loopholes in law on dowry by The Indian Express January 18, 2010
The Supreme Court has asked the legislature to find ways for plugging the loopholes in the law
against “false” dowry complaints against the in-laws and husband by a woman in view of the
increasing number of such cases coming to courts but refused to strike down Section 498A of the
Indian Penal Code (IPC) dealing with such complaints. Merely because the provision of Section
498A “is constitutional and intra vires, does not give a licence to unscrupulous persons to wreck
personal vendetta or unleash harassment (of in-laws and husband). It may, therefore, become
necessary for the legislature to find out ways how the makers of frivolous complaints or
allegations can be appropriately dealt with,” a Bench of Mr. Justice Arijit Pasayat and Mr.
Justice H.K. Sema said while disposing of public interest litigation (PIL) on the issue. But the
court rejected the plea of striking down the provision of Section 498A made in the PIL, saying
that as long as the legislature comes out with a remedy, “till then the courts have to take care of
the situation within the existing framework.”
18
While noting that the object of the provision of Section 498A is to strike at the root of dowry
menace, the court said it had also been rightly pointed out in the PIL that many instances had
come to light where the complaints by the so- called dowry victims were “not bona fide and have
been filed with oblique motive.”
Books:
• IPC 498A “I was alive, 498A killed me” By Amit bhandari
This book is a classic work on the section 498A on Indian penal code he says that Every man and
woman of any age, marital status and religion must read this book to know how an (in) effective
law can, and does, create havoc through its misuse in our society and adversely affect both
husband and wife by spreading internal unrest, tyranny, legal terrorism and anarchy within their
families.
• Law relating to dowry, dowry death, cruelty to women & domestic violence by Suman Nalwa,
Hari Dev Singh:-
This book covers a whole current phenomenon in society it includes misuse of the women law by
the women and current case laws which is given by the Supreme Court and other high courts.
Hypothesis:
The judiciary has failed to give justice to the real victims of the dowry harassment cases since it
is hard to differentiate between the real victims and false accusations and sometimes real victims
fall prey to the unfortunate situation and that is why it has earned the infamous title of being a
‘legal terrorism’ as quoted by Justice Arijit Pasayat of the Apex court.8
The researcher is of the opinion that Section 498A of the Indian Penal Code is gender-biased
provision and has not been able to fulfil its objectives of protecting the women from dowry
harassment. The possible solution to the problem related to the implementation of Section 498A
IPC, 1860 proposed by the researcher are as it has an outrageous impact on the society, along
with the husbands it also affect the innocent lives of the mothers, sisters of the husband who are
harassed on the filing of a single complaint. Thus the section needs immediate amendment.
8
Sushil Kumar Sharma v. Union of India &Ors. AIR 2005 SC 3100.
19
Terminology:
The following are the terminology which are being used in the research by the researcher i.e.
Cruelty:9 It 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.’
Cruelty has been defined where a woman is harassed with a view to causing her to meet any
unlawful demands for any property or valuable security etc. Therefore in order to come into the
ambit of cruelty by husband, the harassment must be in furtherance to extract unlawfully from
the woman by a man. Unless these two ingredients are satisfied no offence under section 498A
IPC, 1860 can be alleged to have been committed. 10
Dowry and Dowry Death11: According to Section 2 of the Dowry prohibition act, 1961, dowry
means any property or valuable security given or agreed to be given either directly or indirectly
• By one party to a marriage to the other party to the marriage or,
• By the parents of either party to a marriage or by any other person to either party to the
marriage or to any other person at or before or any time after the marriage in connection
with the marriage of said parties but does not include dower or mahr in the case of
persons to whom the Muslim personal law (shariat) applies.
Dowry death is a social evil and technically according to Section 304B IPC, 1860, ‘where the
death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage and it is shown that soon before her death she
was subjected to cruelty or harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called “dowry death”, and such
husband or relative shall be deemed to have cause her death. 12
9
Explanation to Section 498A IPC, 1860,
10
Daud Mohammad Aga v. State, 1995 Cri L.J. 2947 (Bom.)
11
Indian penal code, Ratanlal Ranchoddas and Dhirajlal Keshavlal Thakore, Published by LexisNexis, Edition 34 th,
(2014) p:306
12
Ibid.
20
Research design:
The research study was in relation to the critical analysis of the provision laid under Section
498A IPC, 1860. The researcher has relied on both primary and secondary sources of data. The
research is being conducted mainly to find out whether the provision in the statute has been
implemented properly or not; whether there is any misuse of the provision. The researcher has
conducted a doctrinal research on the topic as stated above and the researcher went to the library
to collect the relevant materials and also visited few websites to find out the current scenario
related to the problem. The researcher suggests that the penal provision related to cruelty in IPC
to be implemented properly such that the real victims receives justice in true sense; and as there
is a recent trend of misuse of this law, it is also suggested that the parliament amends the
provision as soon as possible such that it serves the purpose for which it was inserted in 1983 in
the penal code, at the same time without destroying innocent lives and families.
Sources of data used in the project:.
The Sources of data used in the project are as follows:
Primary sources:
Primary sources include statutes, acts etc.
• Statutes:
• The Indian penal code, 1860
• Dowry prohibition act, 1961
• Indian evidence act, 1872
Secondary sources
Secondary sources include books, articles, magazines, journals, websites etc.
• Books:
• Author : Kusum, Family law lectures, family law-I Published by LexisNexis Butterworth
21
• Author: J.D. Chandna, Law relating to dowry deaths dying declaration suicides &
• Author: Ratanlal Ranchoddas and Dhirajlal Keshavlal Thakore, ‘Indian penal code’
• Author: K.D.Gaur, Textbook on the Indian penal code Published by Universal Law
• Author: K.D.Gaur, Criminal law: cases and materials Published by LexisNexis

• Author: Mamta Rao, Law relating to women and children Published by Eastern Book
• Author: S.R.Myneni, Legal research methodology, Published by Allahabad Law Agency,

Edition 5th, 2012.
• Author: T.Padma and KPC Rao, Legal research methodology, Published by New Age
• Author: C.K.Kothari and Gaurav Garg, ‘Research methodology, methods and

techniques’, Published by New Age International Publishers, Edition 3rd, 2014
Articles:
• Author: K.D.Gaur, The poor victim of uses and abuses of criminal law and process in
India, Published in Indian Bar Review by the (BCI) Trust, Vol. XXVII, (July- Dec)
(2000)
• Author: Poonam Pradhan Saxena, Family law and settlement, Published in Annual
Survey of Indian Law by ILI, Vol. XXXVI, 2000
Websites:
• http://www.498a.org/
22
• http://www.saveindianfamily.org/
Method of data collection:
While conducting doctrinal research, the researcher has gone to library and mainly relied on
secondary database but has also supported and complimented the research by primary materials.
Secondary data have been collected through various propositions advocated and professed by
scholars and social theorists, commentaries of social thinkers and eminent personalities, text
books written by renowned scholars and social activists, case reports and their analysis, personal
opinion of the judges associated with the cases, various international journals and magazines
publishing recent trend in cases newspaper articles, online materials from the multiple websites
dealing with issues of 498A like http://www.498a.org/ and http://www.saveindianfamily.org/
Chapterisation:
CHAPTER – I: INTRODUCTION AND RESEARCH METHODOLOGY
CHAPTER –II: EMERGENCE OF THE CONCEPT OF “CRUELTY” AS A SOCIAL EVIL
CHAPTER-III: REASONS BEHIND THE INSERTION OF THE PROVISION RELATED
TO CRUELTY UNDER INDIAN PENAL CODE, 1860.
CHAPTER-IV: SECTION 498A INDIAN PENAL CODE, 1860: A CRITICAL ANALYSIS.
CHAPTER-V : ROLE OF JUDICIARY
CHAPTER-VI: CONCLUSION AND SUGGESTIONS
*********
23
CHAPTER-II
EMERGENCE OF THE CONCEPT OF “CRUELTY” AS A SOCIAL EVIL
Cruelty is one of the serious kinds of social evil since ages.
Historical background:
India being multifaceted democracy discrimination can never be entertained on the social, civil,
political and economic rights guaranteed by the nation. Nevertheless owing to certain broad
situations where Indian women do cross the hurdles and participate in the social activities.
Since time immemorial women have been reduced to a demeaning decorative character endowed
with superficial attractiveness but intellectually docile, who could only serve the purpose of male
entertainment. Because of the pristine orthodox hierarchical malpractices they were encouraged
to embody the role of mother, wife or that of a home maker only to be pushed to live a confined
life with restricted mobility or in worse cases to live in total seclusion. 13 In spite of India’s
reputation of worshipping and treating women as Goddess history reveals the dark bitter secret
that is buried under the godly personification of women which was only being used as a
camouflage for securing the superior position of the male members of the society indirectly.
Since medieval times as women played a rather subservient role in the society. Hence it is a fact
that women are not respected in a true manner earlier.14
This can be proved from the instances of past, e.g. Sati i.e. self -immolation by a widow on the
pyre of the dead body of her husband. It is yet another phenomenon peculiar to an illiterate,
conservative and tradition bound society. It is nothing but a manifestation of the barbaric attitude
of man towards a helpless woman who becomes widow on the death of her husband. The irony
of fate is that instead of the poor woman getting solace, sympathy and shelter to bear the tragic
loss of her husband, she is forced to become or encouraged to be sati.15 Thereby we may say that
this practice of treating women in an inhuman manner leads to the concept of Cruelty. Cruelty
against women has been age-old phenomenon, where women have been subjected to brutality
13
“Family law and settlement“ by Poonam Pradhan Saxena Published in Annual Survey of Indian Law by ILI, Vol.
XXXVI, 2000
14
The Indian penal Code, Ratanlal and Dhirajlal, 30th edition reprint 2008,pg. 917
15
“The poor victim of uses and abuses of criminal law and process in India”, by K.D.Gaur, 27 Indian Bar Review
39 (2000)
24
and inexplicable exploitation for one reason or the other. Cruelty can be both mental as well as
physical cruelty which is being practiced in different modes in the society in different
circumstances. Here for the purpose of the research, the researcher is going to look into the
effects of cruelty from the perspective of matrimonial relationship.
Under Old English law, according to Blackstone, a husband could correct his wife by beating.
E.g. a husband broke the legs of his wife since she had disregarded his instructions to visit a
particular place.16 In Holmes v. Holmes17, the husband used to assault and abuse his wife and on
occasion he insisted upon sexual intercourse with her in the presence of two men and threatened
that if she refused, the men would hold her down. In spite of all this, the wife was held not to be
entitled to any relief on the ground of cruelty. This was the poor condition of justice then under
old English law.
According to Manu, a husband should beat his wife only with a rope or split bamboo, so that no
bones are broken in the process.18
Concept of cruelty:
Cruelty is an abstract concept, there is no specific definition or explanation given by any jurist.
Cruelty can be of different forms such as mental, physical, direct or indirect, intended or
unintended. It also depends upon different factors and circumstances such as social-cultural
background of the woman, mental and physical conditions, etc.
The Supreme Court of India through various decisions has explained the concept of cruelty such
as:
• In N.G. Dastane v. S. Dastane19, the Supreme Court has observed that conduct charged as
cruelty should be of such a character as to cause in the mind of the Petitioner, a
reasonable apprehension that it is harmful or injurious to live with the respondent.
• In V. Bhagat v. D. Bhagat20, the Supreme Court held that the mental cruelty must be of
such a nature that the parties cannot be reasonable be expected to live together. While
16
Family Law Lectures, by Kusum, Lexis Nexis Butterworths Wadhwa 2nd ed. 2008, p:58
17
(1755)2 Lee; 161 ER 283
18
Ibid.
19
(1975)2 SCC 326
20
(1994)1 SCC 337
25
arriving at such conclusion regard must be had to the social status, educational level of
the parties, the society they move in and all other relevant facts and circumstances.
• In Neelu Kohli v. Naveen Kohli, it was held by the apex court that in order to constitute
cruelty the acts complained of as causing cruelty must be more serious than ordinary
wear and tear of marriage. Not any and every abnormal act of the other party can be
viewed as mental cruelty.21
• In A. Jayachandra v. Aneel Kaur, the apex court held that for physical cruelty there can
be tangible and direct evidence but in mental cruelty there may not be direct evidence.
When there is no direct evidence, courts are required to probe into the mental process and
mental effect of incidence that are brought out in evidence.22
• In Vinitha Saxena v.Pankaj Pandit, the Supreme Court held that what constitutes mental
cruelty will not depend upon the numerical count of such incidents or only on the
continuous course of such conduct, but really go by the intensity, gravity and stigmatic
impact of it when meted out even once and deleterious effect of it in the mental attitude,
necessary for maintaining a conducive matrimonial home.23
Few instances of cruelty as a social evil in modern era:
• Slow starvation - is cruelty: The wife was compelled to do all the domestic works single
handed. She was ill-treated and subjected to physical assault when she protested. She was
not getting sufficient food and it resulted in slow starvation, thereby giving an emaciated
look, to meet an unlawful demand of money. When she committed suicide cruelty stood
proved in a court of law.24
21
AIR 2006 SC 1675
22
(2005)2 SCC 22
23
(2006)3 SCC 778
24
Hira Choudhary v. State of West Bengal, 1997 (1) WLC 543
26
• Repeated demands of dowry amounts to cruelty: If repeated demands of dowry are made
and harassment is meted out to a woman, which may be physical or mental, it is an act of
cruelty.25
• False allegations in litigation amounts to cruelty: The wife was subjected to a series of
malicious and vexatious litigations in which extremely hurtful and offensive accusations
were leveled against the wife of a sense of vindictiveness and wherein she was humiliated
and tortured through the execution of search warrants and seizure of her personal
property. These very acts when repeated and carried on, constitute cruelty of an intense
degree.26
• Repeated taunts calling her ugly and mal treatment is cruelty: The wife was ill-treated
from the next day of marriage and she was repeatedly taunted and mal-treated and
mentally tortured by calling her ugly etc. This amounts to cruelty, mental torture for any
bride.27
• Neglect by husband also amounts to cruelty: The act of the husband was only that of
disregarding his duty to provide the wife and the child elementary means of sustenance
while he himself was squandering his earnings on gambling and other vices and was
starving his wife and infant child to death. 28
• Non-return of stridhan amounts to cruelty: non-return of stridhan by the husband and hi

relatives amounts to cruelty.29
• Cruelty by non-acceptance of baby girl: The conduct of the accused husband and his
father is not accepting the birth of the baby girl was held as amounting to cruelty.30
Statutory provisions in relation to cruelty under personal laws: a comparative analysis
Hindu Law:
25
Jagdish v. State of Rajasthan, 1998 RCR (Cr) 9
26
Smt. M.M.Chitnis v. Mr. M.M. Chitnis, 1991 (2) Maharashtra L.R. 753
27
Pawan Kumar v. State of Haryana J.T. 1998 (1) SC- 565
28
State of Karnataka v. Moorthy 2002 Cr. L.J. 1683
29
Surender Yadav v. State of Delhi (DB) All C.L.R 2000(2) 160
30
State of Karnataka v. Balappa, 1999 Cr. LJ 3064 (Kant)
27
The Hindu Marriage Act, 1955 after going through amendment under the marriage laws
(Amendment) Act, 1976, cruelty is being made a ground for divorce as well as for judicial
31
separation. Another significant change brought by the amendment is that the concept of
cruelty has been enlarged as because earlier it was only confined to ‘such cruelty so as to cause
reasonable apprehension in mind of the petitioner that it will be harmful or injurious for the
petitioner to live with other party.’ However, now simply it is to be established that ‘the
respondent has treated the petitioner with cruelty.’ 32
Parsi Law:
Under the Parsi Marriage and Divorce Act, 1936 prior to 1988, cruelty was only aground for
judicial separation, and cruelty was explained as such behaviour ‘as to render it in the judgement
of the court improper to compel him or her to live with the respondent’.33
Christian Law:
The Indian Divorce Act, 1869, prior to its amendment in 2001, a wife could seek divorce if the
husband had been guilty of cruelty coupled with adultery. However now, after the amendment in
the year 2001, it completely transformed the original act and the grounds for matrimonial relief
have been brought at par with that of the Special Marriage Act, 1954 and the Hindu Marriage
Act, 1955. 34
Muslim Law:
Under the Dissolution of Muslim Marriages Act 1939, cruelty is mentioned as one of the grounds
to obtain divorce from a matrimonial relationship.35
********
31
Section 13 and 10 of Hindu Marriage Act, 1955
32
Ibid.
33
Family Law Lectures, by Kusum, Lexis Nexis Butterworths Wadhwa 2nd ed. 2008, p:61
34
Family Law Lectures, by Kusum, LexisNexis Butterworths Wadhwa 2nd ed. 2008, p:62
35
ibid
28
CHAPTER-III
REASONS BEHIND THE INSERTION OF THE PROVISION RELATED TO CRUELTY

UNDER INDIAN PENAL CODE, 1860.
‘The judiciary must not take on the coloration of whatever may be popular at that moment, we
are the guardian of rights, and we have to tell people things they often do not like to hear’ ---
Rose Elizabeth Bird, the 25th Chief Justice of California once said that.36 Thus judiciary in its
role as a guardian of the nation is essentially handicapped to tilt in favour of a particular sex but
on the contrary it is expected that its belief system should not sway with the popular frenzy of
speculation endorsed by the crowd and media.
Witnessing the vulnerable condition of women where they were being subject to relentless
mental trauma physical torture and character assassination because of their inability to pay such
cosmic demands of dowry made the poor fuming crowd to sling mud at court. This wrath and
fury of the common masses grew strong when the immeasurable bride burning cases in open
daylight across the nation started showing thumbs to the judiciary. 37
With the intention of curbing this heinous crime of dowry harassment and dowry deaths
Parliament in 1986 inserted the section 304B to prevent the murder following the dowry and in
the year 1983(25th December) Section 498A was incorporated within Indian Penal Code with the
intention of defining ‘cruelty’ and ‘harassment’ which has been a common phenomenon in a
matrimonial relationship.
Parliament has inserted a new Chapter XXA titled ‘of cruelty by husband or relatives of
husband’ in Indian Penal Code, 1860 in order to make cruelty against women punishable.
Section 498A of IPC, 1860 i.e. “HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN

SUBJECTING HER TO CRUELTY” reads as—
36
. "The Rise and Fall of Rose Bird, A Career Killed by the Death Penalty" by Rose Elizabeth Bird, Chief Justice of
California (1936-1999) Brown, Patrick
37
Family law lectures, by Kusum, LexisNexis Butterworth Wadhwa, Nagpur, Edition 2 nd 2008, p:63
29
‘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.’38
Ingredients of the provision are as follows:39

• The woman must be married.
• She must be subject to cruelty or harassment; and
• Such cruelty or harassment must have been shown either by husband of the woman or by
the relative of her husband.
Section 498A is a cognizable, non-bailable and non-compoundable criminal offence. A close

analysis of the section makes it clear that the entire section is founded upon four basic question
of law they are as follows40:-
• Any action, gesture or conduct that is likely to drive a woman to commit suicide.
• Any action, gesture or conduct that is likely to cause grave injury to the life, limb or
health of a woman
• Harassment caused to the woman and her family with the intention of extracting some
property
38
Section 498A IPC
39
Family law lectures, family law-I, by Kusum, Published by LexisNexis Butterworth Wadhwa, Nagpur, Edition
2nd (2008), p:79
40
ibid.
30
• Harassment caused to the woman and her family in the event of not being able to or not
in agreement to yield to the demand of money or of any property.
In 1989 the nation witnessed two historic cases where in 20th April,1989 Justice Natrajan, in the
case of BrijLal v. Prem Chand41 reversed the High Court’s order which acquitted the accused
since there was no record exhibiting that the murder of the bride, VeenaRai was instigated by the
accused. The Apex Court condemning the verdict of the High Court, ruled that the abetment of
commission of suicide was only due to the instigation which therefore invites the first clause of
section 107 IPC, 186042. Justice Natrajan also precipitated his disappointment on witnessing the
degradation of society due to the inimical social structure created by the depraved and
unscrupulous husbands and their relatives with their unconscionable limitless demands of dowry.
With grave disappointment and presumption of a dark future, the Apex court proclaimed its
stratagem of adducing section 113A and 113B43 of the Indian Evidence Act, 1872 to corroborate
section 498A, with the intention of accentuating two focal points:
• That the woman had committed suicide within a period of seven years of marriage
• That the husband or relation had subjected her to cruelty
However this was the first genuine endeavour made by the judiciary to curb this parochial social
menace which further seeks the attention of section 306 IPC, 186044.
41
1989 AIR 1661
42
Section 107 reads as Abetment of a thing. -- A person abets the doing of a thing, who- Firstly- Instigates any
person to do that thing; or Secondly. - Engages with one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing
of that thing; or Thirdly.- Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.- A
person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose,
voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of
that thing
43
Section 113A- When the question is whether the commission of suicide by a women had been abetted by her
husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years
from the date of her marriage and that her husband or such relative of her husband has subjected her to cruelty, the
court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by
her husband or by such relative of her husband.
Section 113B- When the question is whether a person has committed the dowry death of a women and it is shown
that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in
connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.
44
Section 306 IPC, 1860: If any person commits suicide, whoever abets the commission of such suicide, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
31
Constitutional validity:
Interestingly in the case of Inder Raj Malik v. Sunita Malik45, the Court held that Sec 498A is
violative of Article 14 and 20(2) of the Constitution since it gives arbitrary powers in the hands
of the Court and it also criticized that the distinction drawn between ‘cruelty’ and ‘harassment’ is
ambiguous and vague. Moreover it contradicts with Art 20(2) of the Constitution as Section 4 of
the Dowry Prohibition Act, 1961 has already made demand of dowry a punishable act and
inadvertently creates a situation of double jeopardy. However Delhi High Court negating such
contention held that 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.46
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 Haryana47, 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
section for prevention of harassment for dowry. The Commission was of the view that the
Section with its allied Cr.PC provisions shall not act as an instrument of oppression and counter
harassment and become a tool of indiscreet and arbitrary actions on the part of the Police. The
fact that S.498A deals with a family problem and a situation of marital discord unlike the other
crimes against society at large cannot be forgotten. It does not however mean that the Police
should not appreciate the grievance of the complainant woman with empathy and understanding
or that the Police should play a passive role. S.498A has a lofty social purpose and it should
remain on the Statute book to intervene whenever the occasion arises. Its object and purpose
45
AIR 1989 SC 2091
46
< http://presentindia.blogspot.com/> <last visited on 24th of Jan 2017 at 10.00 pm>
47
AIR 1994 SC 1418
32
cannot be stultified by overemphasizing its potentiality for abuse or misuse. Misuse by itself
cannot be a ground to repeal it or to take away its teeth wholesale. The re-evaluation of Section
498-A merely on the ground of abuse is not warranted. Besides that, while courts are confronted
with abusive dimensions sometimes very visibly in Section 498A prosecutions, they cannot close
our eyes to a large number of cases which go unprosecuted for a variety of reasons.
Section 498- A has to be seen in the context of violence and impairment of woman’s liberty and
dignity within the matrimonial fold. Mindless and senseless deprivation of life and liberty of
women could not have been dealt with effectively through soft sanctions alone. Even though
values of equality and non-discrimination may have to gain deeper roots through other social
measures, the need to give valuable protection to vulnerable sections of women cannot be
negated.48
Retrospective effect of section 498A Indian penal code 1860:
Section 498A IPC, 1860 is not retrospective in nature and no such cognizance can be taken under
this section in case the offence was committed before the enforcement of the section.49
Co-relation between section 302 and 498A Indian penal code 1860:
In Thati Konda v. State of A.P.50 there was a quarrel between the wife and the husband and the
husband wanted to perform second marriage. It was a strong circumstance for the wife to commit
suicide and for the husband to do away with his wife. As favourable view to the accused is to be
taken and it is clear that the husband wanted to marry 2nd time, it amounts to cruelty.
Co-relation between section 304b and 498A Indian penal code 1860:
The two provisions are not mutually inclusive. They deal with different and distinct offences.
Persons charged under section 304B but acquitted can be convicted under section 498A IPC,
1860 even in absence of any charge. The deceased have been subjected to cruelty by her husband
and mother-in-law over the demand of maruti car as dowry and persistently pressed by them
48
< http://www.498a.org/contents/publicity/> <last visited on 24th of Jan 2017 at 5.00 pm>
49
K.Subramaniam v. State, 1989 (1) Hindu L.R. (Mad) 63
50
1992 (1)Crimes 1114
33
after about six months of the marriage and continue till her death. Accused was convicted under
304B and 498A IPC, 1860.51
Co-relation between section 306 and section 498A Indian penal code, 1860:
Distinction between section 306 IPC, 1860 and section 498A IPC, 1860 is that of intention.
Under the latter, cruelty committed by the husband of his relations drag the woman concerned to
commit suicide, while under the former provision suicide is abetted and intended.52
*********
CHAPTER- IV
SECTION 498A IPC, 1860: A CRITICAL ANALYSIS
The following chapter talks about the pros and cons of section 498A Indian Penal Code, 1860.
A step towards social progress:
In the first few years of its proclamation section 498A seemed to be quite fruitful and effective in
combating the heinous act of cruelty in the latter half of the 20th century. The researcher while
studying various cases have found out that the concept of cruelty has been interpreted in no. of
ways by the judiciary so we will go through a series of judgement where section 498A whose
main object of insertion in 1983 is ‘to punish the husband and his relatives who tortures and
harass women with a view to coerce her or any person related to her to meet any unlawful
demands’ 53 being adequately corroborated.
• In case of State of West Bengal v. Orilal Jaiswal 54 , the wife committed suicide by
hanging in the house of her in-laws within one year of her marriage and she was
subjected to cruelty and mental and physical torture by mother-in-law and the husband.
So here in this particular case, the court after going through the facts of the case stated it
is a clear case of mental and physical cruelty and it is cognizable under Section 498A
IPC, 1860.
51
Satya Narayan Tiwari v. State of U.P., 2011 Cri. LJ 445
52
Satish Kumar Batra v. State of Haryana, AIR 2009 SC 2180
53
LV Jadhav v. SA Pawar 1983 Cr LJ 150
54
AIR 1994 SC 1418
34
• In case of State of Karnataka v. C.Prakash55, there was a conclusive evidence on record
that the husband assaulted the wife because of some non-payments and as a result finally
wife committed suicide.
The Court held that such acts of the husband are the acts of cruelty and they are grave and
persistent according to the facts of the case hence accused was found liable to conviction.
• In case of Rajesh Dewan v. State of Del56. Husband use to beat his wife in the presence of
his sister and sister’s husband, soon the wife left the matrimonial home and filed a case
against the husband and the in-laws.
The court held that cruelty against the wife is proved and an offence is made out against
the husband, sister of the husband, and sister’s husband under Section 498A IPC, 1860.
Here in this case increased the ambit of the punishment by including the abettor of the
cruelty i.e. in-laws.
• In case of State v. Siddaraju57, husband contracted second marriage during the life time
of his first wife, who was living in the same house, hence it constituted cruelty as held by
the court.
• In case of Saifan Rahimsaheb Shaikh v. State of Maharastra58 the wife was treated with
cruelty as she could not bear a child after marriage and hence the court on the grounds of
cruelty proven under Section 498A IPC, 1860 convicted the accused.
• In case of Maeyaea Vishvanatha Rao v. State of A.P.59 here wife died of burn injury. A
letter written by her revealed anguish about various incidents and methods of
harassments, caused by the accused, which not only included demand of dowry but also
filthiest possible language. This facts were supported by oral evidence by the prosecution
hence the court held the accused to be convicted under section 498A IPC, 1860.
55
1998 (1) Hindu L.R. (KAR) (DB) 185
56
1999 (2) Hindu L.R. (Del) 250
57
2001 (1) Hindu L.R. (KAR) 660
58
2001 (1) Hindu L.R. (Bom) 624
59
2003 Cr. L.J. NOC 11B (A.P.)
35
• In case of Yaldapati Kutumba v. State60 husband suspected the character of the deceased,
he too suspected that she was pregnant through somebody else; hence the court held such
statements amounts to cruelty.
• In case of State of U.P. v. Ramesh Prasad Mishra61 the court held that the accused is
being convicted u/s 498A IPC, 1860 as it was found that the victim was harassed and
subjected to cruelty.
• In case of Odeti Ram Reddy v. State of A.P62. here the husband use to beat his wife time
and again, and wife informed this to her parents and other witnesses, later she committed
suicide. The court held that the letters sent by the wife to her parents revealed that she
was subjected to cruelty for non-fulfillment of additional dowry hence the guilt of the
accused i.e. husband is proved beyond doubt and convicted.
• In case of Kodadi Srinivasa v. State of A.P.63 here the in-laws of the bride treated her with
cruelty. They refused to send her to parents which is a kind of mental torture exercised on
her. The court held that in-laws were found guilty of the offence under section 498A IPC,
1860.
There are numerous cases of cruelty exercised upon the married women in their matrimonial
homes on account of dowry or anything else, such acts are huge in number and Section 498A
IPC, 1860 steps in and plays an important role in curbing out this menace and bring a social
reform in real sense. 64
Misuse of section 498A Indian penal code 1860:
“The highhanded behaviour of the laws and the breakup of the marriage has another side.
Lodging of cases with the crime against women cell may not be genuine. Matrimonial discords
60
2003 Cr. L.J. 4220 (AP)
61
1996 SCC (Cr.) 1278
62
2002 Cr. L.J. (NOC) 221 (AP)
63
2001 (2) DMC 708
64
Justice Malimath Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home
Affairs, 2003 <retrieved from http://www.mha.nic.in/pdfs/criminal_justice_system.pdf> <last visited on 24th of Jan
2017>.
36
unconnected with dowry demands or dowry related harassment are often given the colour of
dowry by the wives to get even with their husbands.”65
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.66Most cases where Sec 498A is invoked
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.67
A critical study of the section 498A reveals that a provision which was originally designed to
protect the bride from being harassed and physically tortured by the husbands or relatives
unfortunately has been abused to hassle the husband and his family.
The Supreme Court in one of its rulings said that -“But by misuse of the provision (IPC, 1860
498A - Dowry and Cruelty Law) a new legal terrorism can be unleashed. The provision is
intended to be used as a shield and not an assassin’s weapon”.68
Section 498A IPC, 1860 sometimes said to be ‘gender-biased’ law because recent study
reveals that the provision provides protection only to women in the fight against husband and his
relatives. A number of cases have been filed in the police station which forms the basis for the
official statistics of dowry harassment, which otherwise implicates that only the woman are
entitled to file harassment cases with an unlimited scope of fabricating stories and lies without
even undergoing any penalty to pay compensation or any kind of damages. It is true that a
careful reading of the section exposes some serious problems which can affect the society69:
1) Since only the women are entitled to file harassment cases there ought to be a grave abuse of
this section in the effect of harassing the husband and his family
2) The law framers at the time of enacting this provision did not envisage that it is actually doing
injustice to two sets of people:
65
“Annual survey of Indian law” by Poonam Pradhan Saxena , vol xxxvi, 2000, p:43
66
< http://batteredmale.blogspot.com/ > <last visited on 24th of Jan 2017 at 5.30 pm>.
67
< http://www.mynation.net/> <last visited on 25th of Jan 2017 at 6.00 pm>.
68
Sushil Kumar Sharma v. UOI, JT 2005 (6) SCC 266
69
<http:// pubpages.unh.edu/~mas2/ID41E2.pdf> <last visited on 26 th of Jan 2017 at 9.50 am>.
37
a) The real victims of the dowry harassment are now being criticized to make false claims and
accusations.
b) The mothers, sisters of the husband who are either harassed by the police or send to the police
custody without even considering their age, health and marital status. There are instances where
even the pregnant women have been sent behind the bars owing to the false accusations thrown
at the husband’s family by the wife70.
A research conducted by some social activists reveals that urban well educated women are taking
advantage of the section 498A in order to reside independently, separated from the husband and
his family right after the husband’s family submit to her demands which generally involves
either cash or property and the provision of section 498A is such that the husband cannot even
file a complaint or even if they do they are not entertained solely on the reasons that the law is
applied only for the protection of women and not men.71 That’s why the section incurred the
infamy of ‘legal terrorism’ since it has the peculiarity of tilting towards the woman and becomes
an evil provision when fall into wrong hands.
Real scenario in modern times in cases related to Section 498A IPC, 1860 and the attitude of
Law Enforcing authorities:
A careful examination of recent cases presents a rather horrifying picture. The researcher has
attempted to draw a difference between the existing law and the actual practice in relation to the
498A cases.
NATURE OF CRIME IN LEGAL TERMS IN ACTUAL TERMS

Cognizable As per law it is the duty of Instead of initiating the
policeman to register the investigation they arrest the
offence as cognizable and suspects (husband and his
start investigation. family) more so in exchange
of bribes from both the sides.
Non-Bailable By law Magistrate is Before presenting the
“Myth of Male Power” by Warren Farrell, , p:76

70
71
An investigative report by a NGO called Rakshak, “The Silent Tears of Shattered Families: The Ugly Reality of
Dowry Law” <retrieved from http://www.498a.org/contents/Publicity/498aReport.pdf> <accessed on 5th February
2017 at 5.50 pm>
38
bestowed with the power to individual in Magistrate‘s
refuse bail and send the court all sorts of gambles
individual to judicial or take place involving
police custody settlement of cases by paying
huge amount of money.
There are other instances too
where the Magistrate ,public
prosecutor and the policemen
all conjointly decides to settle
the case with the husband
and his family being locked
up inside the police custody
Thus it is transparent from here that the provision itself is hosting bulk of loopholes and possibly
can threaten the institution of marriage. The corrupt police personnel and the judicial officers of
lower rank are also filling their pockets with the good amount of money they receive from both
the sides.
Why do people misuse the provision 498A IPC, 1860? 72
There are certain specific reasons stated below:
• Legal Extortion – Get-rich-quick-scheme to extort large amounts of money
• Prior Relationship – Wife has a prior relationship, and cannot get out of it. She marries
to satisfy her parents, and then misuses the 498a law in order to obtain a divorce.
• Adultery – Women who indulge in adultery use 498a as a bargaining tool
• Domination – Wife wants the husband to abandon his parents and siblings, and have
total control over his finances and social behavior.
• Custody - Deny the father and his family access to their children.
72
2017 at 5.50 pm>
39
• Fraudulent Marriages - in which the bride (and her family) hides her education level or
mental health; and when is justifiably asked to release the person who has gone into
marriage without knowing the full facts; she files a false 498a case.73
In order to stop this menace Supreme Court in 2007 in case of Srinivasalu v. State of A.P74 held
that consequences of cruelty that are likely to drive women to commit suicide or to cause grave
injury or danger to her life must be established before arresting the husband and his relatives
.The FIR must only be taken if there is a sufficient reason to believe that some gross action of
violence has been committed by the husband towards the wife.
The police, civil society, politicians and even judges of the High Courts and Supreme Court have
offered these arguments of the "misuse' of laws vehemently. The allegation of misuse is made
particularly against Sec 498A of the IPC, 1860 and against the offence of dowry death in Sec
304B75. One such view was expressed by former Justice K T Thomas in his article titled 'Women
and the Law’. The 2003 Malimath Committee report on reforms in the criminal justice system
also notes, significantly, that there is a "general complaint" that Sec 498A of the IPC, 1860 is
subject to gross misuse.76
There is a gross violation or misuse of this penal provision as with the women 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 women and placing the man behind bars.77 Like in the case of Savitri Devi v
Ramesh Chand &Ors78, 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.
73
2017 at 5.50 pm>
74
Appeal (Crl.) 11 of 2002
75
< http://savemarriages.wordpress.com/> <last visited on 4th February,2017>
76
“ Misuse of Section 498A: A reality check”, by Pushpa Achant
<http://www.deccanherald.com/content/470904/misuse-section-498a-reality-check.html > < last visited on 5th
February,2017>
77
Mathur k., Economic and Political Weekly, 2008, JSTOR
78
II (2003) DMC 328
40
So the question arises that 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?
In case of Saritha v R. Ramachandran79 here 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.
Suppose if the suggestion given by the court is approved then it would give a fair chance to the
men 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. When women accuse their husbands under S.498A IPC, 1860then even if the man is
innocent he does not 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.80
*********
CHAPTER V
ROLE OF JUDICIARY
Views of the Judiciary in the Recent Judgement in respect of misuse of Section 498A I.P.C.
1860:
In case of Jasbir Kaur vs. State of Haryana81 the Punjab and Haryana High court observed “It is
known that an estranged wife will go to any extent to rope in as many relatives of the husband as
possible in a desperate effort to salvage whatever remains of an estranged marriage”
As has been held in Sushil Kumar Sharma’s 82 case and many others, in case of misuse, the
‘action’ and not the ‘section’ must be struck down. The courts, using inherent powers u/s 482
79
I (2003) DMC 37 (DB)
80
“Violence against women :A Priority Health Issue”, by WHO 1999, p:63
81
(1990)2 Rec Cri R 243
82
JT 2005(6) 266
41
Crpc have time and again quashed frivolous complaints filed u/s 498A IPC. Some of these cases
have been discussed below:
In Harjinder Kaur & others v. State of Pb83, wherein a complaint had been filed by wife u/s
498A against members of husband’s family, including his 5 sisters. The high court took note of
the fact that one of the sisters had been married and residing elsewhere since 1994, 5 years prior
to marriage of the estranged couple while another was only 15 years when his brother got
married making their involvement unlikely and went on to observe that “it appears that a wider
net has been knitted so as to rope in the present petitioners”.
In Ramgopal v. State of M.P. 84 the Supreme Court recommended that S.498A be made
compoundable so that amicable settlement can be reached at between the parties.
In Preeti Gupta & Anr v. State of Jharkhand & Anr85. a criminal complaint was filed alleging
that the wife was physically assaulted at Mumbai by all the accused named in the complaint and
a demand for a luxury car was made. The Supreme Court noted that such complaints were made
with sole object to harass the relatives of husband and “permitting the complainant to pursue this
complaint would be an abuse of the process of law”. The Supreme Court observed that they
come across a large number of such complaints which are not even bona fide and are filed with
oblique motive. At the same time, rapid increase in the number of genuine cases of dowry
harassment are also a matter of serious concern.
86
In Kulwinder Kaur and Anr v. Manjit Kaur and Anr , the high court holding that the
allegations did not inspire confidence observed- “Lately, a tendency has developed to roping in
all the relations in dowry cases in order to browbeat and pressurize the immediate family of the
husband. Accordingly, sometimes inflated and exaggerated allegations are made”.
In case of Kanaraj vs. State of Punjab 87 , the apex court observed that “for the fault of the
husband the in-laws or other relatives cannot in all cases be held to be involved. The acts
attributed to such persons have to be proved beyond reasonable doubt and they cannot be held
83
AIR 2009 SC 2180
84
AIR 2012 SC 2209
85
(2010) 7 SCC 667
86
II (2003) DMC 328
87
2000 Cri LJ 2993
42
responsible by mere conjectures and implications. The tendency to rope in relatives of the
husband as accused has to be curbed”
The wide amplitude of observations made by the various Courts and other quarters in regard to
the gross misuse of section 498A culminated in the making of the 243rd report of the Law
commission, which dealt extensively with section 498A IPC. 88
In Sushil Kumar Sharma Vs. UOI, 89 the Supreme Court lamented that in many instances,
complaints under s.498A were being filed with an oblique motive to wreck personal vendetta and
observed. “It may therefore become necessary for the Legislature to find out ways how the
makers of frivolous complaints or allegations can be appropriately dealt with”. It was also
observed that “by misuse of the provision, a new legal terrorism can be unleashed”.
Various High Courts in the country have also noted that in several instances, omnibus allegations
are made against the husband and his relations and the complaints are filed without proper
justification. The need to exercise caution in the case of arrest of the husband and his relatives
has been stressed while observing that by such a step, the possibility of reconciliation becomes
remote and problematic. In some of the cases, directions were given by the High Courts for
regulating the power of arrest and for taking necessary steps to initiate conciliatory effort at the
earliest point of time.90
Delhi High Court in Chandrabhan Vs. State91 and of the Madras High Court in the case of Tr.
Ramaiah Vs. State92, it was observed that there was no iota of doubt that most of the complaints
are filed in the heat of the moment over trifling fights and ego clashes. It is also a matter of
common knowledge that in their tussle and ongoing hostility, the hapless children are the worst
victims. The following directions were given to the police authorities:
• “FIR should not be registered in a routine manner.
88
“ A Study of 498 A in Tamil Nadu” by Ekta Resource Centre for Women <retrieved from
http://www.ektamadurai.org/> <accessed on 12th February 2017 at 6.50 pm>
89
JT 2005(6) 266
90
Petition submitted by one Dr Anupama Singh before the Rajya Sabha seeking amendments to IPC Section 498A,
presented on 7th September 2011 <retrieved from http://mynation.net/docs/498a-
amendment/#sthash.tQCB9hG6.dpbs> <accessed on 3rd February 2017 at 5.09 pm>
91
(2011)8 SCC 273
92
2000 (1) CTC 117
43
• ii) Endeavour of the police should be to scrutinize complaints carefully and
then register FIR.
• iii) No case under section 498-A/406 IPC should be registered without the
prior approval of DCP/Addl. DCP. iv)
• Before the registration of FIR, all possible efforts should be made for
reconciliation and in case it is found that there is no possibility of settlement,
then, necessary steps should, in the first instance, be taken to ensure return of
sthridhan and dowry articles to the complainant.
• Arrest of main accused be made only after thorough investigation has been
conducted and with the prior approval of the ACP/DCP.
• In the case of collateral accused such as in-laws, prior approval of DCP

should be there on the file.”
In Siddaram Satlingappa vs. State of Maharashtra93, it was observed: “The arrest should be the
last option and it should be restricted to those exceptional cases where arresting the accused is
imperative in the facts and circumstances of that case”.
Curbing the misuse of s.498A, Supreme Court’s directions to the Police:-
To curb the arbitrary use of power of arrest u/s 498A IPC, the Supreme Court in Arnesh Kumar
v. State of Bihar94, Supreme Court tendered some much needed guidance in relation to ‘when
police may arrest without warrant’ and other related matters. Hon’ble Supreme Court took note
of the gross misuse of s.498A observing that the fact that s.498-A is a cognizable & non-bailable
offence has lent it a dubious place of pride amongst the provisions that are used as weapons
rather than shields by disgruntled wives. The simplest way to harass is to get the husband & his
relatives arrested under this provision. Stating the substance of s.41 and 41A Crpc, the Supreme
Court observed that just because an offence is cognizable and non-bailable does not give the
police the right to arrest, it must also satisfy itself that the arrest is justified, that the conditions
precedent stated u/s 41 Crpc are met.
93
AIR 2011 SC 312 (Para 123)
94
(2014) 8 SCC 273
44
“The police officer must put a question to himself, why arrest?” The court directed the police
not to make automatic arrests u/s 498A but to arrest only upon satisfaction of conditions laid u/s
41 Crpc. The court also reiterated the solemn nature of the magistrate’s duty to satisfy himself
that conditions u/s 41crpc are met when police presents accused before magistrate for seeking
further detention. The court concluded by forewarning the police officers and magistrates that
failure to comply with the stated directions would attract departmental action.95
Recently, the verdict given by the High Court of Bombay in the case of Shri Mangesh
Balkrushna Bhoir v. Sau. Leena Mangesh Bhoir96 provided some relief to the husband in such
cases of false complaints. The Court held that whenever a wife institutes a false complaint
against her husband and his family members and the husband and his family members get
acquitted, and no case is made out against them, then such an act of wife would constitute
cruelty. The judgment was delivered by Justice R.D. Dhanuka wherein he said that on such a
ground, the husband is entitled to file a petition for divorce from her wife. The Court referred to
the case of K.Srinivas v. K.Sunita97 where the Apex Court held that it is a settled point of law that
if either spouse lodges a false complaint, it would invariably amount to cruelty and would enable
the other spouse to file a petition for divorce. The Court said that whenever a complaint filed by
the wife against her husband under Section 498A, IPC is rejected, and the husband and his
family members are subsequently acquitted; then it can be said that the complaint filed by the
wife is fraudulent.
*********
95
Malimath Committee Recommendations, Ministry of Home Affairs 2003 <retrieved from
http://www.498a.org/contents/general/Malimath20Committee_SelectedSections.pdf> <accessed on 4th February
3.30 pm>
96
SLP (Crl.) No. 6494 of 2010 (Order dt. July 30, 2010)
97
(2013) 5 SCC 226
45
MAJOR FINDINGS OF THE PROJECT
The major findings of the project according to the researcher are as follows:
• The Researcher is of the opinion that the whole provision is harboring the possibility of
massive social upheaval in large scale. Presently it is now a herculean task for the court
to differentiate between the false accusations and defending the real victims since the
whole provisions aims at protecting the women from being tortured on the hands of her
husband or his family.
• The law made for relief under the Indian penal Code is being totally misused. Along with
it, many other problems are working as ancillary part of such misuse such as corruption
among the policemen and law enforcers who usually take bribes from one party to harass
the other; shrewd politicians who take advantage of the scenario in spite of knowing that
many frivolous complaints are being lodged by women just to harass the in-laws, while
they support them in order to secure the vote-bank; even the lower judiciary disposes of
such cases quickly without looking into the facts in hand carefully.
• The researcher after conducting the study found out that the Apex court has stated this
research problem to be “legal terrorism” and given certain guidelines in relation to it.
**********
46
CHAPTER-V
CONCLUSION
The institution of marriage is no longer considered a sacred union of two hearts but has rather
become more of a civil contract between two individuals in literal sense of the term where one is
obligated to another to perform conjugal rights.
Section 498A which has otherwise incurred the infamy of being a ‘legal terrorism’ was primarily
incorporated to combat the evil practices of dowry and dowry deaths. But recent study shows
that over the years it has changed its colour and has become a weapon of notoriety. With the help
of books of distinguished legal personalities and eminent lawyers, articles written or published
by social activists the researcher has formulated some hypothesis in regard to the curbing of this
social cancer. 98
The inclusion of Section 498A IPC, 1860 though seemed fruitful and effective in the early years
of its proclamation unfortunately a new era of ruthlessness emerged with the arrival of 21st
century.99 Although judiciary has failed miserably in curbing the gross abuse of Section 498A
nevertheless the very provision calls for an immediate redressal to the sufferings of the real
victims of dowry harassment.100 The protection should also be extended to male members of the
society as recent study shows countless innocent husbands and their families have been affected
by this stringent provision since the section provides shelter only to women rendering the
provision to be biased, discriminatory and unconstitutional. 101
Anyone who has been awake the last two decades knows how section 498-A of IPC, 1860 has
been heavily misused, dragging innocent men and women into police stations, lock-ups and
courts, thus depriving may young children of a happy childhood, many youth of productive
careers and many senior citizens of mental peace in the last leg of their lives. 102
98
Summary recommendations, Law Commission of India- Report 243 on Section 498A IPC- August 2012
<retrieved from http://lawcommissionofindia.nic.in/reports/report243.pdf> <accessed on 7th February 2017 at 4.00
pm>
99
<http://www.thehindu.com/todays-paper/tp-national/> <accessed on 7th February, 2017 at 9:57 am>
100
“Section 498A – used or misused” Study Report of Sanlaap, Guided by Centre for Social Research by Indrani
Chakraborty, (2005)
101
AIDWA response to the Law Commission questionnaire on Section 498 A
<http://feministlawarchives.pldindia.org/wp-content/uploads/Humsafar-Draft-Rep-498A-27.6.pdf > <accessed on
7th February, 2017 at 10.20 pm>
102
Ibid.
47
Many women who really need protection from Domestic Violence will probably never know
about it and even if they do, never use it. This law will be yet another weapon in the hands of
unscrupulous women who will misuse it at the slightest opportunity.103 When a man is thrown
out of his own house under true or false allegations of domestic violence or cruelty everyone
who is dependent on him is bound to suffer. It is unfair enough to penalize an entire family even
if an accused man is truly abusive. Unfair is a subtle word to describe a situation in which an
innocent man, along with his family, is tortured by misuse of law.104
After the entire study we can conclude that though Section 498-A of IPC, 1860 was brought in
forth for the protection of women from the cruelty of her husband and his relatives but now it is
being abused. These women are turning the law other way round by being cruel to their husband
and his relatives and getting them tried under Section 498A of IPC, 1860 which deals with
“Cruelty by husband or relatives of husband”. Henceforth certain legal actions should be taken as
soon as possible to curtail growth of “legal terrorism”, by misuse of provisions of law.105
SUGGESTIONS
The following are the suggestions or recommendations posed by the researcher towards the
research problem:
The Court and Legislature have to make changes if the laws of matrimonial cruelty are to be of
any deterrence. Looking into the recent observations and the increase in the misuse of this
Section, there should be certain amendments which should be brought up in this law:
1. Role of Women NGOs: These organizations should investigate complaint properly without
any bias towards the woman keeping in mind that the law is being misused largely to harass
more women in husband’s family. They should not encourage any woman to file a criminal case
against her in-laws for trivial matters. Foreign Women Organizations should also take
103
“Section 498 A IPC: Used or Misused?” Study Report of Sanlaap, Guided by Centre for Social Research by
Indrani Chakraborty, (2005)
104
< http://www.bbc.com/news/worldasiaindia29708612> <accessed on 7th February, 2017 at 9:57 am>
105
“Understanding Justice Delivery System from the Perspective of Domestic Violence in India” by Shalu Nigam,
2005 (Specifically in context of Section 498 A IPC), p-49
48
responsibility of not allowing false complaint to be registered against NRI’s just to harass and
extort huge amount of money from them.106 These organizations should also conduct
survey/research on the misuse of the act and should educate people about its consequences. If
these organizations are found to be assisting in filing false complaints, then they should be made
liable for prosecution in the country where they are functioning.
2. Family Counselling Centres: Numerous cases of men being harassed by wife or/and in-laws
have come to light from different parts of the country. As of now there is no organization, which
can really help these harassed men and his family members, to listen their side of the story and
put their point of view in front of the government. 107Need of the hour is to create family
counseling centers across the country to help those aggrieved families.
3. Time bound Investigation and Trial: A speedy trial of 498(a) cases will not only ensure
justice for the innocents that have been implicated in false charges, it will also lead to prompt
redressal of the grievances of real dowry victims .The reduction in false cases will also reduce
the burden on judiciary and expedite the processing of real cases.
4. Definition of Mental Cruelty: Mental cruelty has been vaguely defined in the act, which
leaves scope of misuse. This should be clearly elaborated to remove loopholes in the law. There
should be provision for men also to file a case for mental cruelty by his wife.
5. Investigation by Civil authorities: The investigation into these offences be carried out by civil
authorities and only after his/her finding as to the commission of the offence, cognizance should
be taken. The government should create awareness among officers about its misuse.108
6. Bailable: The main reason of 498a being misused to harass innocent is its non-bailable nature.
This section should be made bailable to prevent innocent old parents, pregnant sisters, and school
going children from languishing in custody for weeks without any fault of them.109
7. Compoundable: Once FIR has been registered it becomes impossible to withdraw the case
even if wife realizes that she has done a blunder and wants to come back to her matrimonial
106
< http://www.legallyindia.com/views/entry/section-498a-of-ipc-its-use-misuse-html> <accessed on 22nd February,
2017 at 9:17 am>
107
< http://www.legallyindia.com/views/entry/section-498a-of-ipc-its-use-misuse-html>> <accessed on 22nd
February, 2017 at 9:17 am>
108
<http://www.498a.org/>> <accessed on 2nd February, 2017 at 9:53 pm>
109
<http://lawcommissionofindia.nic.in/reports/report243.pdf>> <accessed on 2 nd February, 2017 at 10:59 am>
49
home. To save institution of marriage this should be made compoundable.110 Moreover, in the
scenario where the couple decides to end the marriage by mutual divorce, continuation of
criminal proceedings hamper their life.
8. Arrest Warrants: Arrest warrant should be issued only against the main accused and only
after cognizance has been taken. Husband family members should not be arrested.111
9. Penalty for making false accusation: Whenever any court comes to the conclusion that the
allegations made regarding commission of offence under section 498a IPC are unfound, stringent
action should be taken against persons making the allegations. This would discourage persons
from coming to courts with unclean hands and ulterior motives. Criminal charges should be
brought against all authorities that are collaborating with falsely accusing women and their
parental families.112
10. Court Proceedings: Physical appearance of the accused on hearing should be waved or kept
low to avoid hassles in appearing to the court, especially for NRIs. The court should not ask to
surrender passport of the husband and his family which could cost job of the husband and his
family members.113
11. Registration of Marriage and Gifts Exchanged: The registration of marriages should be
made compulsory along with the requirement that the couple make a joint declaration regarding
the gifts exchanged during marriage.
12. Punish Dowry Givers: If the complainant admits giving dowry in the complaint, the courts
should take cognizance of the same and initiate proceedings against them under the relevant
sections of the Dowry Prohibition Act.
13. Penalize corrupt Investigation Officers: If it is apparent to the court that a fair investigation
has not been conducted by the investigation officer, and that the husband and his family have
110
Ibid.
111
“No arrests under anti-dowry law without magistrate’s nod: SC “ by Dhanrajay Matrapaya
<http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-
SC/articleshow/37661519.cms > <accessed on 2nd February, 2017 at 9:23 am>
112
< http://batteredmale.blogspot.com/ > <accessed on 20th february 2017 at 5.00 pm>
113
Ibid.
50
been charge-sheeted without proper verification of the complaint, the investigation officer should
be penalized for gross negligence of duty.114
14. NRI Issues : Unless they are proven to be guilty after the due judicial process, NRIs should
be a given a fair chance to justice by assuring them of the following115 -a) Permission to return to
country of employment b) No impoundment/revocation of passport and no Interpol Red Corner
Notices. c) No unnecessary arrests d) Expeditious investigation and trial.
15. Gender Neutral: Everyone should have equal rights and responsibilities, irrespective of
gender. In the current social context, there should be similar laws to protect harassed husband
and his family members from an unscrupulous wife.
This Section only provides for the remedy to woman only and these days it is being used as a
‘brahamastra’ by the woman. It is a highly debatable issue these days, if this problem is not
solved by legislation it may become a bane for the society. People’s trust over the judiciary will
come to an end.116 So it’s high time that this Section be amended and some changes like
mentioned above should be brought up in this law.
********
114
http://www.498a.org/contents/publicity/> <accessed on 2nd February, 2017 at 9:23 am>
115
“Spare a thought for Dowry law abuse”, Daily Pioneer, September 2, 2014 <retrieved from
http://www.dailypioneer.com/columnist1.asp?main_variable=Columnist&file_name=CHERIAN56.txt&writer=CH>
< accessed on 15th February 2017 at 2.30 pm>
116
“Spare a thought for Dowry law abuse”, Daily Pioneer, September 2, 2014 <retrieved from
http://www.dailypioneer.com/columnist1.asp?main_variable=Columnist&file_name=CHERIAN56.txt&writer=CH>
< accessed on 15th February 2017 at 2.30 pm>
51
BIBLIOGRAPHY
Books:
 Author: Kusum, Family law lectures, Family law-I, Published by LexisNexis Butterworth
 Author: J.D. Chandna, Law relating to dowry deaths dying declaration suicides &
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 Author: K.D.Gaur, Textbook on the Indian penal code, Published by Universal Law
 Author: K.D.Gaur, Criminal law: cases and materials, Published by LexisNexis

 Author: Mamta Rao, Law relating to women and children, Published by Eastern Book
 Author: S.R.Myneni, Legal research methodology Published by Allahabad Law Agency,

Edition 5th 2012.
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poor victim of uses and abuses of criminal law and process in India, Published in Indian
Bar Review by the (BCI) Trust, Vol. XXVII, (July- Dec) (2000)
 Author: Poonam Pradhan Saxena, Family law and settlement, Published in Annual
Survey of Indian Law ILI, Vol. XXXVI, 2000
 “I was alive, 498A killed me” By Amit bhandari
52
 Dowry law is a shield, not an assassin's weapon by J. Venkatesan
Newspapers and magazines
 The Hindu
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 The Times of India
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Journals and reporters
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53
 Supreme Court Almanac (Scales)
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 http://www.498a.org/
 http://www.saveindianfamily.org/
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 www.unilawbooks.com
 www.livemint.com
54

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ABUSE OF SECTION 498A IPC: A STUDY

Submitted to the University Institute of Legal Studies, Panjab University,

Submitted to: Submitted by:

University Institute of Legal Studies

Dr. Jai Mala Narotra University Institute of Legal Studies

AIR All India Reporter

Cri. LJ Criminal Law Journal

HINDU L.R. Hindu Law Reporter

SCC Supreme Court Cases

SL.NO. CASE TITLE

2 BrijLal v. Prem Chand 1989 AIR 1661

3 Daud Mohammad Aga v. State, 1995 Cri L.J. 2947 (Bom.)

4 Hira Choudhary v. State of West Bengal, 1997 (1) WLC 543

5 Holmes v. Holmes,(1755)2 Lee; 161 ER 283

6 Inder Raj Malik v. Sunita Malik,1986 (92) CRLJ 1510

7 Jagdish v. State of Rajasthan, 1998 RCR (Cr) 9

8 Jasbir Kaur vs. State of Haryana (1990)2 Rec Cri R 243

10 K.Subramaniam v. State, 1989 (1) Hindu L.R. (Mad) 63

23 Satish Kumar Batra v. State of Haryana, AIR 2009 SC 2180

24 Saifan Rahimsaheb Shaikh v. State of Maharastra2001 (1)

30 State of Karnataka v. Moorthy 2002 Cr. L.J. 1683

31 State of Karnataka v. Balappa, 1999 Cr. LJ 3064 (Kant)

32 State of Karnataka v. C.Prakash1998 (1) Hindu L.R. (KAR)

34 State v. Siddaraju 2001 (1) Hindu L.R. (KAR) 660

35 State of U.P. v. Ramesh Prasad Mishra 1996 SCC (Cr.) 1278

36 Thati Konda v. State of A.P. 1992 (1)Crimes 1114

37 V. Bhagat v. D. Bhagat 1994 1 SCC 337

39 Yaldapati Kutumba v. State 2003 Cr. L.J. 4220 (AP)

TOPIC PAGE NO.

• TABLE OF CASES v-vi

CHAPTER-I: INTRODUCTION AND RESEARCH 1-18

CHAPTER-II: EMERGENCE OF THE CONCEPT OF 19-23

CHAPTER-III: REASONS BEHIND THE INSERTION 24-28

CHAPTER-IV: SECTION 498A IPC, 1860: A 29-35

CHAPTER-V: CONCLUSION 37-38

INTRODUCTION AND RESEARCH METHODOLOGY

Introduction to the research project:

Definition of Doctrinal Research:

Rationale of the project:

The objectives of the project are as follows:

• To make recommendations or find out possible solutions in relation to the problem of

Review of literature of the present research project:-

• Author: K.D.Gaur, Criminal law: cases and materials Published by LexisNexis

• Author: S.R.Myneni, Legal research methodology, Published by Allahabad Law Agency,

 Dowry law is a shield, not an assassin's weapon by J. Venkatesan

• Dowry law no license to settle scores by R. VENKATARAMAN

Sources of data used in the project:.

The Sources of data used in the project are as follows:

Primary sources include statutes, acts etc.

• The Indian penal code, 1860

• Dowry prohibition act, 1961

• Indian evidence act, 1872

Secondary sources include books, articles, magazines, journals, websites etc.

Published by LexisNexis, Edition 34th, (2014)

• Author: K.D.Gaur, Criminal law: cases and materials Published by LexisNexis

• Author: S.R.Myneni, Legal research methodology, Published by Allahabad Law Agency,

• Author: C.K.Kothari and Gaurav Garg, ‘Research methodology, methods and

Method of data collection:

CHAPTER – I: INTRODUCTION AND RESEARCH METHODOLOGY

CHAPTER –II: EMERGENCE OF THE CONCEPT OF “CRUELTY” AS A SOCIAL EVIL

CHAPTER-III: REASONS BEHIND THE INSERTION OF THE PROVISION RELATED

TO CRUELTY UNDER INDIAN PENAL CODE, 1860.

CHAPTER-IV: SECTION 498A INDIAN PENAL CODE, 1860: A CRITICAL ANALYSIS.