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Family is the foundation of life, specifically in a country of culture like India. It begins with birth, adoption or marriage and thereafter requires endless support among the members for a longer run. This is the theory for an ideal Indian family. But then, there are loopholes to such a perfect setup. Just like the government, a household also has dominion issues. Sometimes, such authoritative concerns begin with the entry of a new member called the daughter-in-law. Adjustment in a new habitat has its own bumps which seldom ruin the picture of ‘happily ever after' for the woman. Here, we are going to discuss the legal view of the agony of women facing cruelty in their marital homes.
Introduction to IPC 498A
The provision related to cruelty against married women by the husband or in-laws was included through Criminal Amendment Act 46 of 1983. The Chapter 20A of the Indian Penal Code, 1860 contains section 498A IPC. It defines cruelty and provides punishment for the offence.
What constitutes ‘cruelty’ as per Sec 498A IPC?
Technically, the bare reading of section 498A IPC depicts punishment for committing cruelty against a woman by her husband or the relatives of such husband. Further explanation of the term ‘cruelty’ hints towards acts that drive that woman to commit suicide, cause injury or endanger her life, limb or health. It also includes harassment through unlawful demands of property or valuable security by forcing her or anyone related to her.
To understand the ingredients of Section 498A of IPC, U. Suvetha vs State[1] is an important case. The two judge bench of Supreme Court laid the following elements for 498A IPC:
- Woman must be married;
- Such woman should be subjected to harassment or cruelty and
- Such harassment or cruelty should have been caused by that woman’s husband or his relatives.
In the same case examining the status of relatives, the court held that “By no stretch of imagination a girlfriend or even a concubine in an etymological sense would be a `relative'.” In another case[2], the court limited the term ‘relative’ under 498A IPC to husband’s relations by blood and marriage.
To bring clarity over Sec 498A IPC, the court has explained that husband drinking alcohol and coming home late does not amount to cruelty.[3]
Section 498A IPC: Punishment
As per the provision under 498A IPC, the husband or his relative who commits cruelty against a married woman can be punished with imprisonment upto 3 years along with fine.
Who can file a complaint u/s 498A?
As per section 198A CrPC, a First Information Report (FIR) or complaint under section 498A IPC is a must to commence criminal proceedings against husband or his relatives. Such a complaint can be made by the following persons:
- The person aggrieved, i.e. the married woman,
- Her father,
- Her mother,
- Her brother,
- Her sister,
- Father’s brother or sister,
- Mother’s brother or sister,
- With court’s permission, any person related to such a woman by blood, marriage or adoption.
498A IPC and Section 113A of Indian Evidence Act, 1872
Section 113A Evidence Act was added in 1983 along with section 498A of Penal Code, 1860 to set up presumption of abetment of suicide by a married woman. As per the provision, if a woman commits suicide within 7 years of marriage and was subjected to cruelty by her husband or in-laws, it can be presumed that such suicide has been abetted by such husband or husband’s relatives. The burden of proof in such a case lies with the husband or his relatives to prove the contrary in court. The provision here again empowers the married woman nullifying protection against section 498A IPC for the husband as supported through Alka Grewal’s case[4] whereby a husband committed suicide due to cruelty by wife but the court held that no presumption under IPC 498A for husband.
For better understanding, contact Criminal lawyers in Kolkata.
498A and Domestic Violence
The provision of section 498A IPC punishing cruelty against married women in itself involves the essence of Domestic Violence Act, 2005. The difference between 498A and DV Act is that proceedings take place as per the Code of Criminal Procedure (CrPC), 1973 in case of the former, while it is Code of Civil Procedure (CPC), 1908 for the latter. Proceedings under IPC 498A and DV can go on simultaneously.
Dowry and IPC 498A
The ancient system of marriage in India involved the practice of dowry whereby valuables are given to the groom’s family from the bride's as a matter of custom. This practice has been declared socially inappropriate and as a criminal offence through Dowry Prohibition Act, 1961. The connection of 498A and dowry laws comes into picture through the words ‘unlawful demands’. In the case of M.K.K.[5], the court held that the demand for a society loan of Rs 10,000 may not be a dowry demand but is certainly an unlawful demand u/s 498A of IPC.
Also read Divorce vs legal separation and know the difference.
How is IPC section 498A misused?
Where there is an absolute right, there is misuse. Usually, complaints under 498A are lodged, proceedings begin affecting the social, financial and mental interests of the husband and his family. Bail for cruelty is denied, the matter remains under trial for a while and the end is false allegations. Such instances outshine the genuine cases of cruelty against women. In a recent case[6], the Supreme Court Bench commented that provisions under Section 498A IPC are increasingly being used to settle personal scores with husband and relatives by wife. To curb section 498A misuse, the hon’ble Supreme Court laid certain guidelines for protection against section 498A IPC in Rajesh Sharma case[7] which were later modified in another case[8].
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IPC 498A FAQs
Q- What is 498A of IPC?
A- Cruelty against a married woman by her husband or by in-laws against their daughter-in-law is an offence and the same has been provided under Section 498A IPC.
Q- Is section 498A IPC bailable?
A- No, cruelty by husband or his relatives under sec 498A IPC is a non-bailable offence.
Q- Is 498A a ground for divorce?
A- Cruelty is in itself a ground of divorce under various personal laws including Section 13 of the Hindu Marriage Act, 1955. The provision is gender neutral as well, i.e. husband as well as the wife can seek divorce on the ground of cruelty. In a case[9], the Supreme Court held that husband’s acquittal u/s 498A entitles him to claim cruelty and seek divorce.
Q- Can a husband file a case under section 498A against wife?
A- No. The main ingredients of 498A IPC require the victim to be a woman subjected to cruelty by husband or relatives. Husband can not start proceedings under sec 498A IPC.
Q- Are allegations under IPC 498A a criminal case?
A- Yes, the provision has been included in the Indian Penal Code (IPC), 1860 and thus, it is a criminal case whereby proceeding under the Code of Criminal Procedure (CrPC), 1973 is followed.
Q- What happens if 498A proved false?
A- Currently, there is no penalty in case of Section 498A IPC false allegations. However, the husband falsely implicated for cruelty may file a defamation case under section 500 of IPC. He can also claim for recovery of damages for false allegations
[1] Suvetha v. State (2009), 6 SCC 757.
[2] T. Ashok Pai v. CIT (2007), 7 SCC 162.
[3] Jagdish Chander v. State of Haryana (1988), CriLJ 1048.
[4] Alka Grewal v. State of MP (2000) CriLJ 672, 2000 (1) MPHT 435.
[5] Modinsab Kasimsab Kanchagar v. State of Karnataka (2013) 4 SCC 551.
[6] Kahkashan Kausar vs State of Bihar (2022).
[7] Rajesh Sharma v. State of Uttar Pradesh (2017) Crl No. 1265.
[8] Social Action Forum for Manav Adhikar v. Union of India (2018) W.P. (Civil) No. 73 of 2015.
[9] Mr. Rani Narasimha Sastry vs Rani Suneela Rani (2019), Civil Appeal No. 8871 OF 2019.
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