Section 498A IPC, domestic violence law among most abused laws: Supreme Court

The Supreme Court on Wednesday observed that Section 498A (cruelty to married women) of the Indian Penal Code, along with provisions of the Domestic Violence Act, are among the most abused laws..The observation was made by a Bench led by Justice BR Gavai and comprising Justices Prashant Kumar Mishra and KV Vishwanathan while hearing a matrimonial dispute concerning maintenance. ."In such matters, getting freedom is the best thing," Justice Gavai remarked during the hearing. He explained his comment by recounting a case where a man was made to pay ₹50 lakhs (presumably as maintenance or alimony) to his estranged wife, even though they had not lived a single day together as a married couple. "In Nagpur, I had seen (a case) where boy who went to US, (and) for an unconsummated marriage he had to pay Rs 50 lakhs. Not even one day of living together, that's the arrangement. I have openly said Domestic Violence, 498A are among the most abused provisions. My brothers may agree," Justice Gavai said..Section 498A of the IPC has long been a topic of debate, with its critics highlighting that the provision is often misused by women to wrongfully entangle their husbands and in-laws in criminal cases. Such criticism has also, at times, come from the courts.Last month, the Bombay High Court flagged concern over the misuse of Section 498A, while noting that even grandparents and bedridden individuals were being implicated in such cases. The Court expressed sympathies for genuine victims of marital cruelty but pointed out that the law punishing this crime is often misused. It added that thousands of cases could be resolved if the offence under Section 498A, IPC was made compoundable.In May this year, the Kerala High Court highlighted that wives involved in matrimonial disputes often initiate such criminal proceedings against the husband and his family members merely to wreak vengeance.In an order passed in August last year, the Bombay High Court had also voiced concern over the trend of estranged wives misusing the provisions of the Protection of Women from Domestic Violence Act to harass their husbands and in-laws.In July 2023, the Jharkhand High Court had noted that although Section 498A was initially introduced with the commendable aim of punishing cruelty by husbands or their relatives towards married women, it is now being misused.Notably, the IPC has now been replaced by the Bharatiya Nyay Sanhita (BNS), 2023 and a provision corresponding to Section 498A of the IPC has been incorporated in Section 85 of the BNS..[Read live coverage]