Misuse of Section 498A: A Growing Concern

AUTHOR: RUCHI RAINA, GJ ADVANI LAW COLLEGE, MUMBAI

Introduction

Section 498A of the Indian Penal Code was invoked to combat the menace of domestic violence and dowry harassment in India. The main objective behind this section was to shield women from ill-treatment by their husbands and family. Unfortunately, over the years there has been a rapid surge in false dowry cases registered against men and their families.

In several instances, wives have invoked 498A to unfairly leverage their husbands and families into submitting to unreasonable demands. This rising trend has raised concerns about whether the generalized and vague allegations are being properly scrutinized or encouraging the misuse of the legal process.

The honorable Supreme Court of India has cautioned against the growing misuse of 498A by wives to settle personal scores against the husband and his family. This article addresses the growing concern surrounding 498A and provides a brief overview of resources available to men and their families who have been falsely accused.

Available Resources

A man falsely charged with a 498A case can seek or file under certain sections as listed below:

File for Anticipatory bail: If the husband has reason to believe that his wife would file a false 498 A case against him or his immediate family members, he can hire a defence lawyer to get anticipatory bail under section 438 of CrPc.

Quashing Petition: A petition under section 482 CrPc can be initiated before the high court to quash false 498A charges filed in the FIR. Courts may seem reluctant to quash FIR charges in the absence of sufficient proof. In the presence of adequate proof and sufficient evidence, the court has the inherent power to quash an FIR filed by the wife.

File FIR against wife for false 498A case: If a wife threatens or harasses the husband on the pretext of filing a false 498A case, he can subsequently file a FIR against her. Although police may not seem to favour them, they cannot deny him the right to register a FIR.

If the registration is refused a written complaint can be filed with the superintendent of the police station against that police officer.

Restitution of Conjugal Rights: A husband can file a case for restitution of conjugal rights if the wife deliberately abandons her matrimonial home and goes back to live with her family.

Institute a defamation case 500 IPC:

A man or his immediate family wrongfully accused of domestic violence can file a suit against the wife for maligning the image and reputation of the family.

Under reasonable circumstances, certain provisions can be invoked:

Criminal Conspiracy

If a married man has reason to believe that his wife is plotting a conspiracy against him or his family, he can initiate a case of criminal conspiracy section 120B of IPC against his wife.

Criminal intimation:

If a wife physically or verbally threatens to harm her husband or his relatives he can file a counter-complaint against his wife under section 506 of the IPC.

Recovery for damages:

If an estranged wife breaks into her husband's house, creates a ruckus or lies about being physically or mentally tormented to the protection officer. A husband can file suit for recovery under section 9 of CPC.

SC Guidelines for Arrests under 498A

In the landmark judgment of Arnesh Kumar vs. State of Bihar (2014) the Supreme Court laid down guidelines for the arrest of accused in non-cognizable offences:

State government shall be authorized to provide detailed instructions to check arrests.

Police officers must exercise their power cautiously. Arrest under section 498A IPC must be made only if it is necessary and satisfies provisions of section 41 of CrPc.

The state government has the obligation to provide a checklist of all sub-clauses mentioned in section 41 of the criminal procedure code. Police officers must follow and adhere to sub-clauses of section 41 before making arrests.

The police officer presenting the accused for detention before the magistrate is under obligation to furnish a checklist and enlist reasons necessitating arrest.

The checklist, listed reasons and other documents must be prudently analyzed by the magistrate before granting or rejecting detention.

If under any case a decision to not arrest the accused is made the same must be forwarded to the magistrate within 2 weeks of initiating the case.

A notice under section 41 of CrPc must be duly issued to the accused before initiating the case.

The High Court can initiate contempt of court charges against the police in the absence or clear failure to issue notice to the accused.

If the magistrate fails to comply and properly evaluate the reasons and substantiate detention, the magistrate can be held liable for contempt of court.

The high court can initiate departmental action against the magistrate if the magistrate is found authorizing detention without recording reasonable reasons.

All guidelines as listed above shall be applicable in non-cognizable offences where maximum punishment extends to 7 years of imprisonment.

The court directed the order to

Registrar of Police including all high courts
Director General of police including all states and union territories.

Conclusion

"With the growing concern over false allegations, it's crucial to examine the implications of Section 498A on men and their families.” Section 498A of the Indian Penal Code was brought in to protect women from domestic violence at the hands of cruel husbands and their families. With time it has come to notice that the same provision is being widely abused by women. With the growing concern about misuse of the law, there is an urgent need for law enforcement agencies to step in and take reasonable action.

A Man facing false allegations is subjected to embarrassment and humiliation in society. He loses his reputation and his image gets permanently tarnished. Penalty and stringent actions must be imposed against individuals filing false accusations against men and their families.