INTRODUCTION
Hello friends, today we shall take a glance over the concept of cruelty and cases filed thereof due to disputes arising between the married couples and their other family members. This section was introduced in IPC in the year 1983. The same was done as the women those days were subjected to cruelty more often then not by their husbands and in-laws, specifying the patriarchal system of the society. Another possible reason that for such dominance was that the women back then were not financial dependent as in modern times like of today, hence they had to live entirely on the mercy of their husband and which created situations that ultimately subjected them of cruelty.
Before moving ahead let us take a glance of the bare act of Sec 498A IPC,
Section 498A in The Indian Penal Code, 1860
498A. Husband or relative of husband of a woman subjecting her to cruelty.—
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.— For the purpose of this section, “cruelty” means—
(a) any wilful 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.
However, as times moved ahead, more and more women came to educated and became financially independent. This was the reflection of the society which supported equal rights for both men and women. But the laws passed then, did not change over time and certain section of the society began to misuse them more often then being used with caution. Nearly a decade back, there was a time when groom side family members used to under constant threat of the fact that in case an FIR is registered under Sec 498A IPC, in such a scenario they all will have to be behind the bars. Therefore, as soon as the complaint was filed in those days under this section, they all used to run from pillar to post in search of good lawyer who would file an application seeking anticipatory bails in case of a subsequent arrest.
However, with further advancements, the courts began to realize that this particular law is being misused and thus have started to adopt a more lenient view in light of many false cases being filed in abuse of Sec 498A IPC, unnecessary dragging the entire in-laws before the court of law, including the old parents of the boy side. As a consequence, the relatives of the husband i.e. the in-laws are not being made a party unless there is specific involvement of them is made out.
Many rulings over time passed in this respect and observed that the actual number of genuine cases filed are much less in comparison to which it has been instituted.
One such judgment observed this fact in 2017 titled RAJESH KUMAR VS STATE OF UP, wherein Supreme Court took note that
"according to Report of Crime in India, 2012 Statistics, National Crime Records Bureau, Ministry of Home Affairs showed that for the year of 2012, a total of 197,762 people all across India were arrested under Section 498A, Indian Penal Code. The Report further shows that approximately a quarter of those arrested were women that is 47,951 of the total were perhaps mother or sisters of the husband. However most surprisingly the rate of charge-sheet filing for the year 2012, under Section 498A IPC was at an exponential height of 93.6% while the conviction rate was at a staggering low at 14.4% only. The Report stated that as many as 3,72,706 cases were pending trial of which 3,17,000 were projected to be acquitted."
Taking reliance of the plethora of judgments passed in Sec 498A IPC, recently the Apex Court again came to the rescue of the victims who has been dragged unnecessary in false cases and also stringing the norms, it was categorically observed that
"Sec 498A cannot be applied mechanically in all the cases where the wife complains of ill-treatment or harassment by husband"
CONCLUSION
The recent judgment passed taking a lenient view and due caution before applying the offence under Sec 498A IPC shows that the same has been passed with intent to discourage false cases and to protect the innocent persons, thereby maintaining a balance in the society.
Comments
Post a Comment