An overview of section 498A of the Indian Penal Code
Author : Mrinal V Kedar
Introduction:
Women all over the world have always been in a disadvantageous position because of patriarchy. Women have faced numerous obstacles in their way to equality and dignity in their life.
One of these obstacles is when a woman gets married to a wrong person or into a wrong family. A woman when she gets married accepts her spouses family as her own family and treats them with the same love and respect as she did with her own. She also places faith in her spouse and his family and believes that they would value her.
This faith is shattered when they start harassing her for unlawful demands such as Dowry. They start to demand money, jewellery, car, etc from her and if she fails to fulfil these unlawful demands then she is forced to face mental, verbal and physical cruelty.
After facing such cruelty often women end up getting depressed and due to depression commit suicide. Some women are often murdered by their in-laws for not fulfiling their unlawful demands.
To protect women against these offences Section 498A was introduced In the Indian Penal Code. It was introduced in the view that it will curb marital violence, domestic abuse and dowry death committed by the spouse and his family.
What is Section 498A of the IPC?
Section 498A was introduced in the Indian Penal Code in the year 1983. This section was enacted to control the offences against married women by their spouse and his relatives. The main objective of this section is to protect women who are being harassed by their husbands or his relatives for fulfiling unlawful demands. This section is specified under cruelty by husband or relatives of the husband.
Section 498A states that “Husband or relative of husband of a woman subjecting her to cruelty.- Whoever being the husband or relative of husband of the woman, subjects such woman to cruelty shall be punished with the imprisonment for a term which may extend to three years and also be liable to fine.”.
Explanation- for this section, “cruelty” means-
Any willful conduct which is of such 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
Harassment of the woman where such harassment is intending to coerce her or any person related to her meet any unlawful demand for any person related to her meets such demand.
Similarities between Section 498A and Dowry Prohibition Act?
Section 498 A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961 may seem similar but they are not similar at all. It was held so by Delhi High court in the case of Inder Raj Malik v. Mrs Sumita Malik 1986 Cri.L.J. 1510(Del.). The counsel for the accused contended in this case that Section 498A is ultra vires (acting or done beyond one’s legal power or authority) Article 14 and Article 20(2) of the Indian Constitution. They contended that there is already Section 4 of the Dowry Prohibition Act which deals with alike type of cases and that both statutes together creates a situation frequently known as “Double Jeopardy“. But Delhi High court turned down this contention and held that this situation does not create double jeopardy. Both the sections are distinct because in Section 4 of the Dowry Prohibition Act only demand of dowry is punishable whereas in Section 498A of the IPC demand of dowry along with cruelty is punishable. Hence, the accused can be punished with both sections.
Who comes under Relative?
The term “relatives of the husband” used in this section were described in the case of V. Suvetha v. State by Inspector of Police (2009) 3 Cri. L.J. 2974(S.C.). It was held in this case that during the absence of any lawful definition of the term “relatives”, it must be assigned meaning as is frequently conceded. Usually, it would include:
father,
mother,
husband or wife,
son,
daughter,
brother,
sister,
nephew,
niece,
grandson or granddaughter of an individual or the spouse of any person.
The meaning of the word relative depends upon the law. It mostly includes a person related by marriage, blood or adoption. If the husband is having an affair then in no ways the mistress or girlfriend of the husband be termed as relative. Therefore, a girlfriend or a mistress cannot be charged under this section.
What comes under “Cruelty”?
The definition of cruelty is given in the explanation of Section 498A as “for this section, “cruelty” means-
Any willful conduct which is of such 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
Harassment of the woman where such harassment is intending to coerce her or any person related to her meet any unlawful demand for any person related to her meets such demand. ”
Later, this was explained in the case of Kaliyaperumal vs. State of Tamil Nadu 2003 Cri. L.J. 4321 (S.C.) where it was asked that whether a case under Section 498A is possible if the accusations under Section 304B fail. Both the Sections are distinct, but the one who is convicted for dowry death can also be convicted under Section 498A. It was held in this case that the consequences of cruelty led the wife to commit suicide which comes under the purview of Section 498A. Hence, the accused was convicted under both Section 304B and Section 498A.
Classes of cruelty comprised under this section are as follows:
- Cruelty by a bothersome lawsuit
- Cruelty by privation and destructive practices
- Cruelty by determining command
- Cruelty by extra-marital relationships
- Harassment for non-dowry demand
- Cruelty by non-acceptance of girl child
- Cruelty by malicious blame on purity
- Taking away kids
The exploitation of Section 498A of the Indian Penal Code:
Section 498A was introduced in the IPC to help protect women against the harassment by their husband or his relatives. But every story has two sides, for a few years now some women have been misusing this section to get revenge on their husband after a misunderstanding or argument with him. They also use it as a shield to protect themselves from the accusations of adultery. Women use this so that their physical relationship with a man other than their husband is hidden from the world and they can gain sympathy from the accusation they put on their husband. Because of this misuse, a man’s reputation in the society is shattered and he is belittled in front of not only his family but strangers as well. This can lead to that man losing his job, status in the society even his self-esteem. But the argument this section is unconstitutional is wrong just because of a few women this section cannot be called unconstitutional as it was formed to help women.
Conclusion:
A marriage is supposed to be happy and healthy for both husband and wife. But how can one stay happy in a marriage where they are treated cruelly and are harassed for unlawful demands that they cannot fulfill. Society expects women to still stay in a marriage which has now become toxic, abusive and mentally exhaustive to a point that women become depressed and try to commit suicide. This is where Section 498A becomes helpful as it not only helps women against such abuse but also empowers them to speak up against the harassment faced by them.
