SECTION 498A- A RAY OF HOPE FOR WOMEN IN INDIA
The enemy doesn’t stand a chance when the victim decides to survive.
-Rae Smith
INTRODUCTION
We define domestic abuse as an incident or pattern incidents of controlling, coercive, threatening, degrading, and
violent behavior, including sexual violence, in the majority of cases by a partner or ex-partner, but also by a family
member or caregiver. Typically, husbands commit this act of violence against their wives. The effects of domestic
Violence is so devastating that it affects not only the woman of the family but also the children. Earlier
There were no provisions under Indian law dealing with domestic violence cases. But with the changing time,
the constant erosion of the basic human values of tolerance and the spirit of “live and let live” and the rise in cases of domestic
violence, in 1983, the Criminal Law (second amendment) Act was passed and Section 498A was added in the Indian Penal
Code. Before 1983, general sections of the IPC dealing with hurt, assault, and homicide applied to harassment of a wife by
her husband or her in-laws. These general sections were deemed insufficient to address the crimes committed
against women.
“The effects of abuse are devastating and far-reaching.” “Domestic violence speaks many languages, has many colors, and lives in many different communities.”
-Sandra Pupatello
SECTION 498-A OF THE INDIAN PENAL CODE,1860
The Indian Penal Code was amended to include both Section 498A and Section 304B (dowry death).
Subsequently, Section 174 of the Criminal Procedure Code was revised to require inquests to be conducted by
executive magistrates in the event of a suicide or suspicious death involving a woman within seven years of her
marriage.
A new Section 113B of the Evidence Act states that if it can be proven that a woman died shortly after being
exposed to cruelty or harassment by a person in connection with a demand for dowry, then it will be presumed that
the harasser was responsible for the lady’s death. The object of introducing chapter XX-A in the IPC was to prevent the
torture of a woman by her husband or by relatives of her husband.
498 A According to 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 purposes 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 main purpose of this section is to safeguard women from abuse by their husbands or their relatives. Punishment under
this section is set to a maximum sentence of three years in prison and a fine of 30,000 rupees.
The word “cruelty” in common English means a state of conduct that is painful and distressing to another. The term
“Cruelty” has been broadly defined under Section 498A IPC. In order to attract Section 498-A, it must be established that
the harassment of the wife by her husband was to force her to cause herself grave bodily injury in the danger to life, limb, or
health or to commit suicide.
It can also be termed “cruelty” if the harassment was done to compel the wife to fulfill illegal
Dowry demands. In the case of Inder Raj Malik vs. Sunita Malik (1986), it was determined that the explanation to
Section 498A defines the term “cruelty,” which includes acts such as harassing a woman with the motive to compel her
or any associated persons, into meeting any illegal demand for property or valuable security.
The concept of cruelty varies from person to person, family to family, depending upon their social and economic status.
The essence of section 498-A is Cruelty, it is a continuing offense, and on each occasion on which the offense is inflicted
Upon receiving the respondent, she would have a new starting point of limitation.
A person could be convicted under section 498-A IPC if the evidence established that his act and conduct amounted to
cruelty, causing the utmost mental torture if not physical harassment. The text of Section 498-A defines the word in two parts.
The first section envisions the husband’s or his relatives’ willful behavior. And the second part contemplates the
harassment of the woman.
The mere fact that the husband used to beat the wife would not attract the provisions of section 498-A, it is to be noticed
that expression cruelty for the purposes of section 498 A means deliberate conduct on the part of the accused which likely
to drive a woman to commit suicide.
In State of Karnataka vs. Veerbhadrappa, it was held that where the husband fails
to take care of his wife by providing her with proper food and basic amenities and treating her with cruelty physically, acts
amount to cruelty within the definition under Section 498-A, IPC.
In a case where the husband has an extramarital affair and regularly assaults his wife, the circumstances satisfy the
definition of “persistent cruelty” under Explanation (a) of Section 498A of the IPC and the husband can be found guilty
of abetment of suicide under Section 306 of IPC.
ESSENTIAL INGREDIENTS OF SECTION 498-A, IPC
For this Section to apply, certain prerequisites must be met. The following are some of these:
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- It’s essential that she should be a married woman. This provision was added to shield wives and female relatives
from abusive treatment at the hands of their husbands and/or male relatives.
- It’s essential that she should be a married woman. This provision was added to shield wives and female relatives
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- That woman must have experienced either brutality or harassment. The term “cruelty” can refer to a wide variety
of behaviors. To demand a dowry is harsh in and of itself.
- That woman must have experienced either brutality or harassment. The term “cruelty” can refer to a wide variety
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- Such brutal harassment should have been demonstrated by either the spouse or the husband’s family, if not both.
NATURE OF OFFENCE UNDER SECTION 498-A, IPC
Section 498A offense has the following nature:
- Such brutal harassment should have been demonstrated by either the spouse or the husband’s family, if not both.
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- Non-compoundable: A petitioner cannot withdraw from a non-compoundable case i.e. cannot settle outside
court (such as rape or 498A charge) with the exception of the Indian state of Andhra Pradesh, where the latter
the charge has recently been rendered compoundable.CONSTITUTIONAL VALIDITY OF SECTION 498-A, IPC
Section 498-A is constitutionally valid. The mere possibility of abuse of a provision of law does not per se invalidate a
legislation. The object of the provision is the prevention of the dowry menace.
It was asserted that Section 498A is against Article 14 and Article 20(2) of the Constitution in the case of Inder Raj Malik and others vs. Mrs. Sumita Malik
(1986).
The Dowry Prohibition Act, of 1961 addresses similar issues. Hence, the application of both laws combined
constitutes what is known as double jeopardy. However, the Delhi High Court has ruled that this provision does not give
rise to double jeopardy.In contrast to Section 4 of the Dowry Prohibition Act, which criminalizes only the demand for
dowry without any additional element of cruelty, Section 498-A addresses the more serious aggravated form of the
crime. It penalizes demands for money or valuable security from a wife or her family that are accompanied by violence
or other forms of abuse.As a result, a person can face charges under both this provision and Section 4 for the same set of
conducts. The courts are given extensive flexibility in this provision to determine how to apply the law and to determine
appropriate punishments. This section is not beyond the scope of judicial authority. The judicial system is not given the
ability to decide cases arbitrarily.PROCEDURE for 498A
Women who have been abused in any way—physically, mentally, or sexually—should not be afraid to report it. To
protect herself from further harm from the husband or his family, the victim should report the incident to the police. Hire
a skilled criminal defense attorney if you haven’t already, and then file a First Information Report (FIR). The victim
ought to immediately notify the police about the offense.
Cognizable: Cognizable crimes are those where the police can arrest without a warrant, whereas non-cognizable
offenses are those that the police cannot arrest without a warrant. Law enforcement has an obligation to report
and investigate any crime that meets the legal definition.
Non-bailable: If a complaint is lodged under Section 498A, the magistrate can refuse bail and send the accused
to court or police custody without the need for a bail hearing.
- Non-compoundable: A petitioner cannot withdraw from a non-compoundable case i.e. cannot settle outside
If the victim is too injured to go to the police station on her own or does not feel comfortable doing so, a friend or family
member can do so on her behalf. The Police Helpline can be reached by dialing 100 if you are unable to visit the police
station in person. The police officer who receives such a report must immediately document it; The victim will benefit
from this action as they pursue legal action. The filing of a police complaint, also known as a First Information Report
(FIR), is the initial step in taking legal action against an accused party or wrongdoer.
The court shall not take cognizance of an offense punishable under Section 498A of the IPC upon a complaint made by
the aggrieved wife, her father, mother, brother, sister, her father’s or mother’s brother or sister, or any other person related
to her by blood, marriage, or adoption with the permission of the court
