Unseen and Unheard Shades of Section 498a of IPC

Devendra Saikumar Musunuri and Meraka Mani
IFIM Law School, Bangalore, India.

Volume II – Issue I, 2021

Dowry is undoubtedly a big social evil and several efforts have been made in the past to tackle this evil practice. India has realized that there should be some law which prevents the dowry deaths and harassments from the matrimonial home and introduced a prevailing law section 498A of Indian penal code. However, with the passage of time, concerns were raised over the misuse of this law. Knowing that this law is non-bailable and cognizable women started filling wrong cases under this law. Over the past few years, there is dramatic increase in the misuse of this section, and this has become weapon to most of the women to file false case on an innocent husband who had no chance of escape. There are many cases where men committed suicide and sent to jail for many years as a result of false case filed by women. Because of this there is an emergency to amend this law and make sure no innocent is sentenced to face the punishments without having complete enquiry and evidence.

Therefore, this research article mainly focused on Section 498A of IPC, its misuse from the arrival to the present, suggestions and recommendations by Malimath Committee, Reform steps taken to fight against the misuse of this law justified by some of the important landmark Judgments like Shobha Rani v. Madhukar Reddy relating to Cruelty, Inder Raj Malik & ors. v. Mrs. Sunita Malik based on of ultra-virus and followed by other case studies which helps to understand all the legal terms related to 498A of IPC there before concluding with the relative suggestions to tackle the misuse of Section 498A through empirical methodology.

This also inclines laymen to know how effective this law is in undertaking the menace of sec 498A, and what are the concerns with respect to the implementation of this law and also what can be done to address those concerns and protect the innocent victims of 498A.

Keywords: Dowry, Misuse, Indian Penal Code, Domestic Violence, Cruelty.


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