Section 498A of The Indian Penal Code (IPC), 1860 : 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 purposes of this section, “cruelty means”—
(a) anywilful 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.
Section 498A of the Indian Penal Code (IPC) deals with the offence of cruelty towards a married woman by her husband or his relatives. It was introduced in 1983 to address the growing issue of domestic violence and cruelty against women.
The section defines cruelty as any wilful conduct that is likely to drive a woman to commit suicide or to cause grave injury to her life, limb, or health, whether mental or physical. The conduct can be in the form of harassment or torture, with the intent to coerce the woman or her relatives to meet unlawful demands for property or money.
The section also defines the term ‘husband’ to include a person who has a legal or customary relationship with the woman, such as a live-in partner or a person who claims to be married to the woman but has not been legally married.
The punishment for the offence under Section 498A is imprisonment for a term up to three years and/or a fine. If the cruelty involves the woman’s death or results in her committing suicide, the punishment can be imprisonment for a term of seven years or more.
One of the unique aspects of Section 498A is that it is a non-bailable offence, which means that the accused cannot get bail at the police station and must approach a court for bail. This provision was included to prevent the accused from using their influence or power to intimidate or threaten the victim or her family members.
However, in recent years, there have been concerns about the misuse of Section 498A by women who file false or frivolous complaints against their husbands and in-laws to settle personal scores or to extort money. The Supreme Court of India has acknowledged the issue and directed the police and courts to exercise caution and ensure that innocent people are not harassed or falsely implicated.
To address these concerns, the government of India introduced the Protection of Women from Domestic Violence Act (PWDVA) in 2005, which provides a more comprehensive legal framework for addressing domestic violence and abuse against women.
In conclusion, Section 498A of the IPC is a provision that aims to protect married women from cruelty and domestic violence. It defines cruelty as any wilful conduct likely to cause grave injury or suicide, and the punishment for the offence can be imprisonment for up to three years and/or a fine. While the provision has been successful in bringing attention to domestic violence against women, there have also been concerns about its misuse, and the government has introduced additional legal measures to address the issue.
