⚖️ Preparation for RJS, DJS, PCS (J) and Other Judicial Service Exams

📌 DIRECTIONS TO PREVENT THE MISUSE OF SECTION 498A

Section 41(1)(b) CrPC and Section 498A IPC

Supreme Court in Rajesh Sharma v. State of Uttar Pradesh [2017 SC]:

• “Just and fair procedure being part of fundamental right to life, interpretation is required to be placed on a penal provision so that its working is not unjust, unfair or unreasonable.”
• “In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members.”
• “Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee.”
• “Till report of the committee is received, no arrest should normally be effected.”

Delhi Law Academy Jaipur presents below for aspirants of Rajasthan Judicial Service (RJS), DJS, PCS (J) and other Judicial Services throughout India a very important judgment of the Supreme Court of India.

RAJESH SHARMA v. STATE OF UTTAR PRADESH [2017 SC]

📝 JUDGMENT

The question which has arisen in this appeal is whether any directions are called for to prevent the misuse of Section 498A.
Proceedings have arisen from complaint dated 2nd December, 2013 filed by respondent 2 wife of appellant 1. The complainant alleged that she was married to appellant 1 on 28th November, 2012. Her father gave dowry as per his capacity but the appellants were not happy with the extent of the dowry. They started abusing the complainant. They made a demand of dowry of Rs.3,00,000 and a car which the family could not arrange. On 10th November, 2013, appellant 1 dropped the complainant at her matrimonial home. She was pregnant and suffered pain in the process and her pregnancy was terminated.

Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons. The expression ‘cruelty’ in Section 498A covers conduct which may drive the women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand.

This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. Uncalled for arrest may ruin the chances of settlement.

Just and fair procedure being part of fundamental right to life, interpretation is required to be placed on a penal provision so that its working is not unjust, unfair or unreasonable. The court has incidental power to quash even a non-compoundable case of private nature if continuing the proceedings is found to be oppressive.

It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose.

📌 Directions Given by Supreme Court

• In every district, one or more Family Welfare Committees be constituted by the District Legal Services Authorities, preferably comprising of three members.
• Committees may include para-legal volunteers, social workers, retired persons, wives of working officers, or other suitable citizens.
• Every complaint under Section 498A received by the police or the Magistrate be referred to such committee.
• Report of the committee to be submitted within one month from the date of receipt of complaint.
• Till report is received, no arrest should normally be effected.
• The report may then be considered by the Investigating Officer or Magistrate on its merit.
• Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area.
• If a settlement is reached, the District and Sessions Judge can dispose of the proceedings, including closing the criminal case for matrimonial discord.
• Bail applications with at least one clear day’s notice should be decided as far as possible on the same day.
• For persons residing abroad, impounding passports or issuance of Red Corner Notices should not be routine.
• Personal appearance of family members, especially outstation, may not be required; video conferencing may be permitted without affecting trial progress.
• These directions do not apply to offences involving tangible physical injuries or death.

❓ FAQs: Section 498A Misuse & Supreme Court Directions