📘 Topics Covered in this Blog
- 🔹 Provisions of Section 498A IPC explained
- 🔹 Supreme Court on misuse of Section 498A IPC
- 🔹 Section 85 BNS explained
- 🔹 BNS provisions corresponding to Section 498A IPC
- 🔹 Cruelty by husband or relatives of husband
- 🔹 How Section 85 BNS corresponds to Section 498A IPC
⚖️ Section 498A IPC & Section 85 BNS Explained
Cruelty by Husband or Relatives of Husband | Supreme Court on Misuse
📘 Topics Covered in this Blog
- 🔹 Provisions of Section 498A IPC explained
- 🔹 Supreme Court on misuse of Section 498A IPC
- 🔹 Section 85 BNS explained
- 🔹 BNS provisions corresponding to Section 498A IPC
- 🔹 Cruelty by husband or relatives of husband
- 🔹 How Section 85 BNS corresponds to Section 498A IPC
📜 Section 85 BNS: Section 498A IPC
Cruelty by husband or relatives of husband
- Whoever, being the husband or relative of the husband of a woman
- Subjects such woman to cruelty
- Shall be punished with imprisonment for upto three years and fine
🔎 Section 86 [Corresponding IPC Section 498A Explanation]
"Cruelty" means:
- (a) Any wilful conduct 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 (mental or physical)
- (b) Harassment of the woman where such harassment:
- Is with a view to coercing her or her relatives to meet any unlawful demand for property or valuable security, or
- Is on account of failure by her or her relatives to meet such demand
📘 Explanatory Notes by Delhi Law Academy on Section 498A
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.
The expression ‘cruelty’ covers conduct that may drive the woman to commit suicide, cause grave injury, or harassment to coerce unlawful demands.
The expression ‘cruelty’ covers conduct that may drive the woman to commit suicide, cause grave injury, or harassment to coerce unlawful demands.
⚖️ Supreme Court on Misuse of Section 498A
📌 Case 1: Rajesh Sharma v. State of Uttar Pradesh (July 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.
Supreme Court Directions:
- Every district must constitute Family Welfare Committees.
- Complaints under Section 498A must first be examined by such committee.
- No arrest should normally be made until report is received.
- Complaints to be investigated only by designated Investigating Officer.
- Provisions for settlement, bail, exemption from personal appearance, and video conferencing allowed.
- Directions not applicable where tangible physical injuries or death involved.
📌 Case 2: Social Action Forum for Manav Adhikar v. Union of India (2018)
The Supreme Court revised earlier directions:
- Family Welfare Committees (Direction i) not in accord with statutory framework.
- Investigating officers must receive rigorous training in handling 498A cases.
- Settlement reached between parties can be placed before the High Court under Section 482 CrPC.
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