ABUSE OF POWER UNDER SECTION

498A: A CRITICAL ANALYSIS

PROJECT SUBMITTED TO

Mr. Sagar Chadrakar

(Faculty of Indian Penal
Laws)

PROJECT SUBMITTED BY

Sankalp Parihar

Semester-V, Roll No.

142 Section-A
Date of Submission-10-11-2021

HIDAYATULLAH NATIONAL LAW

UNIVERSITY RAIPUR,CHHATTISGARH

Page 1
 DECLARATION

I hereby declare that this project work titled “Abuse Of Power Under Section 498A: A Critical
Analysis” is my own work and represents my own ideas, and where others’ ideas or words have
been included, I have adequately cited and referenced the original sources. I also declare that I have
adhered to all principles of academic honesty and integrity and have not misrepresented or
fabricated or falsified any idea/data/fact/source in my submission.

Vinamra Shrivastava

Semester-5 ,Section-C

Roll No.173
 CERTIFICATE

This is to certify, that the research project submitted by me is an outcome of my independent and
original work. I have duly acknowledged all the sources from which the ideas and extracts have
been taken. The project is free from any plagiarism and has not been submitted elsewhere for
publication.have not misrepresented or fabricated or falsified any idea/data/fact/source in my
submission.

Vinamra Shrivastava

Semester-5,Section-C

Roll No.173
 ACKNOWLEDGEMENT

I feel highly elated to work on the topic “Abuse Of Power Under Section 498A: A Critical
Analysis”. No creation in this world is a sole effort, nor is this work of mine. The practical
realisation of this project has obligated the assistance of many persons. First of all I want to thank
my Subject teacher Mr. Atul Satwa Jaybhaye sir for his invaluable suggestions and guidance. It
would have not been possible for me to frame this project of mine without his support.

I would like to thank my family and friends without whose support and encouragement, this project
would not have been a reality.

I take this opportunity to also thank the University and the Vice Chancellor for providing extensive
database resources in the Library and through Internet. Some typing errors might have crept in,
which are deeply regretted. I would be grateful to receive comments and suggestions to further
improve this project report.

Vinamra Shrivastava

Semester-5,Section-C

Roll No.173
 TABLE OF CONTENTS
S. No. Content Page No.

1 Introduction 6

2 Research methodology and sources of 7

data

3 Objective 7

4 Research Question 7

5 Mode of citation 7

6 What is Section 498A 8

7 Constitutional Validity 11

8 Conclusion 14

9 References 15
 INTRODUCTION

Institution of marriage is an oldest social institution and provides a foundation on which whole
superstructure of the civilisation and prosperity is built. Stability i.e. a happy, cordial and
harmonious relationship between the couples has been considered as one of the most important
condition for this institution in the civilised societies-ancient as well as modern.
However due to emergence of the industrialised societies and result of the social awareness amongst
the people, especially in the females about their right of equality and personal liberty, the meaning
of stability in context of marriage has been changing gradually in the different span of times.
Most of the crimes against women happen within marriage lock. Bride burning, dowry deaths,
domestic violence, marital rape etc. are very common in the life of Indian marriedIndia has
additionally been a rustic wherever customs and rituals are not solely followed however praised.
dower was one among them that were followed in our society since AN ancient amount. Dowry is
an quantity of property or cash brought by a bride to her husband on their wedding. dower given
during a wedding is for the security of the female offspring and it thinks like blessings for her. it's
seen that the husband and their families were harassing bride for dower and torture her to require
cash from her parental house. once seeing this practice Central government has created a law to
shield the ladies from ill effect of dowry. dower Prohibition Act 1961 was launched to protect ladies
and additionally Section 498 A of Indian penal code 1860 came into force to shield the bride from
her husband and their in-laws. This Section 498A is reliable for the protection of ladies. however
during a recent situation it had been seen that these legislation has become a curse to men within the
society. The women were started misusing these laws for his or her profit. The question arises that
dower prohibition Act 1961 is for the protection or for the advantage of women and Section 498A is
reliable within the society. Men‘s were started exploiting by their ladies. once the study of this
situation observed that, there's no such law to shield the boys from exploitation. Section-498A of
the Indian Penal Code, 1860 (IPC) was inserted by way of an amendment in 1983. It was enacted
with the aim of providing protection to married women against cruelty by their husband or in-laws,
which often may lead to cases of dowry deaths. However, with the changing scenario it has been
observed that the power given under Section-498A of IPC to married women is being used to harass
their husbands or any of their family members. Thus, there is a need for providing safety to the
innocent men in the society from the frivolous filing of cases under Section-498A. As of now, there
is no law to provide shield and remedy to men from such exploitation.
 RESEARCH METHODOLOGY & SOURCES OF DATA

This Project report is based on analytical Research Methodology. This study is absolutely based
on the secondary sources such as articles; books, journal articles, which have been primarily
helpful in giving this project a firm structure. Websites, International documents and articles
have also been referred.

AIM OF STUDY

The aim of the study is to understand whether the section 498A of Indian penal code, 1860 is
misused by women.

OBJECTIVE

1. To understand the section 498A

2. To address the issues of misuse

3. To suggest avoiding of misuse without affecting the women's rights

RESEARCH QUESTION

1. Whether the misuse is over shading the actual cruelty ?

MODE OF CITATION

A uniform mode of citation i.e., 19th edition of Bluebook Citation, has been thoroughly used for
citing the sources of information used in this project.
 WHAT IS SECTION 498A?
Section 498A in the Indian Penal Code
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 purpose of this section, ―cruelty means
(a). any wilful 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.
The section was enacted to combat the menace of dowry deaths. it had been introduced within the
code of Criminal Law of Amendment Act, 1983 (Act 46 of 1983). By identical Act section 113-A
has been other to the Indian Evidence Act to lift presumption concerning instigation of suicide by
woman. the most objective of section 498A of I.P.C is to guard a girl World Health Organization is
being pestered by her husband or relatives of husband.
Section 113A in the Indian Evidence Act, 1872
Presumption as to abetment of suicide by a married woman.—When the question is whether the
commission of suicide by a woman had been abetted by her husband or any relative of her husband
and it is shown that she had committed suicide within a period of seven years from the date of her
marriage and that her husband or such relative of her husband had subjected her to cruelty, the
Court may presume, having regard to all the other circumstances of the case, that such suicide had
been abetted by her husband or by such relative of her husband.
Explanation- For the aim of this section ̳dowry death‘ shall have a similar that means as in section
304-B of the Indian penal code, 1860. The object that section 498A IPC was introduced is
abundantly mirrored within the Statement of Objects and Reasons whereas enacting Criminal Law
(Second Amendment) Act No. 46 of 1983. As clearly expressed in that the rise in range of dowry
deaths could be a matter of great concern. The extent of the evil has been commented upon by the
Joint Committee of the homes to look at the work of the dowry Prohibition Act, 1961. In a number
of cases, cruelty of the husband and also the relatives of the husband that culminate in suicide by or
murder of the helpless lady involved, that represent solely a little fraction involving such cruelty.
Therefore, it had been projected to amend IPC, the Code of Criminal Procedure,1973 proof Act fitly
to deal effectively not solely with cases of dowry deaths however also cases of cruelty to married
ladies by the husband, in- law‘s and relatives. The professed object is to combat the menace of
dowry death and cruelty.

MEANING OF CRUELTY
Kaliyaperumal vs. State of Tamil Nadu1 it was held that cruelty could be a common essential in
offences beneath each the sections 304B and 498A of IPC. the 2 sections aren't reciprocally
comprehensive however each distinct offences associated persons guiltless beneath section 304B
for the offence of dowry death will be guilty for an offence beneath sec.498A of IPC. The that
means of cruelty is given in rationalisation to section 498A. Section 304B doesn't contain its that
means however the that means of cruelty or harassment as given in section 498-A applies in section
304-B further. beneath section 498- A of IPC cruelty by itself amounts to associate offence whereas
beneath section 304-B the offence is of gift death and therefore the death should have occurred
throughout the course of seven years of wedding. however no such amount is mentioned in section
498-A.
Inder Raj Malik vs. Sunita Malik2 was command that the word ̳cruelty‘ is outlined within the
clarification that lay to rest alia says that harassment of a girl with a read to squeeze her or any
connected persons to fulfil any unlawful demand for any property or any valuable security is cruelty

ABUSE OF SECTION 498A

In India, women require special protection to their rights as guaranteed under Part-III of
the Indian Constitution. But at the same time, these rights cannot be exercised unlawfully
against their husbands, minor children, grandparents etc. As per research conducted by
various human rights activists groups and institutions, cases registered under Section-
498A have the lowest conviction rate. Moreover, the records of National Crime Records
Bureau (NCRB) showed that there are 3.3 lakhs of cases registered as crime

1 2003 AIR(SC) 3828

2 1986 RLR 220

against women’s in 2016. However, cases recorded under Section-498A witnessed the
lowest conviction rate of merely 12.2% among cases related to crime against women
which includes acquittals of 39,248 cases and conviction of only 5,433 cases.3

3Vaastav Foundation. 2020. NCRB Data On 498A (2016). [online] Available at: <http://vaastav.org/
2017/12/ncrb-data-on-498a-2016/> [Accessed 28 November 2020].
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 CONSTITUTIONAL VALIDITY OF SECTION 498A

In the case of Sushil Kumar Sharma v. UOI4 the issue raised was to declare Section-498A as
unconstitutional. The petitioner contended that there is requirement of strict action against those
women who are involved in filing frivolous cases against their husbands.

The Supreme Court (SC) gave its decision by declaring Section-498A as valid and not ultra-virus to
the Constitution. SC concluded that the object of Section-498A is to curb the menace of dowry
deaths and it cannot be struck down. The Supreme Court observed its functions and worked under
the prescribed parameters and held that it is upon legislature to legislate, until the mechanism is
devised to control the frivolous filing of cases the SC cannot do anything.

LAW COMMISSIONS REPORT ON SECTION 498A

The 243rd Law Commission report5 highlighted the reason for amendment of Section-498A. The
amendment made was to curb the iniquity of dowry and cruelty against women and suggested that
in no way it could be possible to re-evaluate the misuse of Section-498A as the section basically
aims to protect the rights of the women.
The Law Commission pointed out that the police officials must exercise their powers cautiously in
case of “cognizable cases” i.e. the power must be exercised sparingly under the context of Sections
41 and 41A of the Criminal Procedure Code, 1973.
It is evident from the law commission report that instead of overthrowing Section-498A it rather
emphasises to concentrate on solution, which is given under Sections-41 and 41A of CrPC.

ROLE OF JUDICIARY IN CONTROLLING THE ABUSE OF SECTION 498A

Recently, the Supreme Court by its various decisions has condemned the abuse of Section-498A of
IPC. In case of Saritha vs. Ramachandran,6 the SC held that Section-498A is exploited by some
married women to harass their innocent husband and at the same time it emphasised the need to
make the offence as a bailable and non-cognizable one.

4 JT 2005 (6) SC 266.

5 Lawcommissionofindia.nic.in. 2020. [online] Available at: <https://lawcommissionofindia.nic.in/
reports/report243.pdf> [Accessed 28 November 2020].
6 (2003) DMC 328.
In the case of Kanaraj vs. State of Punjab,7 it was observed that there is a strict need to protect the
relatives of the husband who are deliberately held to be involved in such cases having no fault on
their part. They cannot be held responsible for their mere acts of concern; rather their acts have to
be proved beyond reasonable doubts in order to hold them guilty.
Similarly, in the case of State vs. Srikanth,8 it was observed by the Karnataka High court that such
situations need to be curbed where the whole family is roped in into the matter including brothers
and sisters-in-law. The Court said that in case unless there is some specific material against these
persons, only then the police has the right to include them in that particular case as accused.
In case of Rajesh Sharma & Others vs. State of UP & Another,9 the SC has issued various
directions to control the misuse of Section-498A. These directions are as follows: –
1) Their needs to be Family Welfare Committees at the district level. The complaints under
Section 498A, which are to be received by the magistrate or the police, have to be reviewed by
the committee established. The committee is entitled to prepare a report within a month. The
process for arrest is to be initiated only after the committee has submitted the report.
2) Only the designated officer of the area shall be having the power to investigate the offence
related to Section-498A.
3) In case a person is residing in a foreign country or an out-stationed city then forfeiture of
passports or giving red corner notice should not be practiced regularly.
4) The District Judge or the Senior Judicial Officer designated by the District Judge shall have the
power to club all the cases related to matrimonial dispute between the parties so as to reduce the
wastage of time of the court.
The court has allowed video conferencing for family members whose presence cannot be obtained
because of their presence in other countries etc. The trial court in such cases of outstation may grant
exemption from such personal appearance.

In the recent case of Social Action Forum for Manav Adhikar and Another10 the directions
issued in the Rajesh Sharma case were reanalysed. It was observed that the constitution of Family

7 2000 CriLJ 2993

8 2002 CriLJ 3605
9 AIR 2017 SC 3869.
10 Writ petition (civil) no. 73 of 2015
Welfare Committee is not covered under the provisions of IPC and held that creation of third
agency and powers conferred on it were impermissible.
The Court further issued directions to the investigating officer having the charge of investigation
under Section-498A that he must comply with the guidelines issued by the court in various
landmark cases such as D.K.Basu v. State of West Bengal,11 Joginder Kumar v. State of
U.P,12and Arnesh Kumar v. State of Bihar and another.13
It was directed by the court to proceed with the procedure as prescribed under Sections-205 and 317
of CrPC in case of video conferencing of the family members depending upon at which stage the
exemption is sought. The court further notified that possession of dowry items itself cannot be
considered as a ground for rejection of bail.
Thus, the Supreme Court has re-considered its directions, which were issued in Rajesh Sharma case
and has retained only those directions, which complied with the provisions of IPC.

11 (1997) 1 SCC 416

12 (1994) 4 SCC 260.
13 (2014) 8 SCC 273
 CONCLUSION
It is evident from the recent judicial trend and various commission reports that Section-498A of the
IPC has become a menace in our modern day society. From the above cited judicial decisions it has
been concluded that Section-498A continues to remain in our statute books in order to provide
protection to the women but at the same time, it needs to be highlighted it must be used judiciously
and there is a need to curb the misuse of this provision by some married women. This provision is
basically used as weapon to harass husbands and in-laws. It’s true that the provision provides
protection to women but looking into its reality, it is creating an unhealthy impact on the society by
its misuse and requires legislative concern to overcome the loopholes provided in Section-498A.
Furthermore, considering that the problem associated with the misuse of Section-498A still persists
in the future, soon it will become a bane for the society.
There are different ways suggested to control the misuse of the impugned provision which
includes:-
1) Need for establishment of family counselling centres across the country in order to address the
needs of the aggrieved family members.
2) There is a need for speedy trial in order to provide justice to the innocent victims of false
charges. This will also help in reducing the burden on the Judiciary.
3) One of the main reasons for misuse of Section-498A is because of its non-bailable nature. The
section needs to be recognised as a bailable offence in order to stop its misuse.
4) When the FIR is already being filed once, it becomes impossible to withdraw the case especially
in case of matrimonial disputes where the criminal proceedings may create hindrance in obtaining
divorce by mutual consent.
5) In order to create deterrence and to discourage misuse of this provision there must be imposition
of some strict penal measures.
6) The wide scope of mental cruelty leaves a ground for misuse of Section-498A by the women.
Thus, there’s a need for defining the scope of cruelty by the legislature under this provision.
 REFERENCES

WEBSITES

• WWW.ACADPBL.EU
Acadpubl.eu. 2020. [online] Available at: <https://acadpubl.eu/hub/2018-119-17/1/98.pdf>
[Accessed 28 November 2020].

• WWW.BNBLEGAL.COM
B&B Associates LLP. 2020. 498A Use And Misuse | Ingredients Of Section 498A IPC. [online]
Available at: <https://bnblegal.com/article/498a-use-and-misuse/> [Accessed 28 November 2020].

• THEFEDERAL.COM
The Federal. 2020. Section 498A – Misused Or Underused? - The Federal. [online] Available at:
<https://thefederal.com/the-eighth-column/section-498a-misused-or-underused/> [Accessed 28
November 2020].

• WWW.LEGALSERVICEINDIA.COM
Legalserviceindia.com. 2020. Use And Misuse Of Section 498A. [online] Available at: <http://
www.legalserviceindia.com/legal/article-652-use-and-misuse-of-section-498a.html> [Accessed 28
November 2020].