Introduction
Section 498A of the Indian Penal Code was introduced in 1983. It was enacted to protect married women from being subjected to cruelty by the husband or his relatives. The prescribed punishment extends up to 3 years along with a fine that can be imposed. The term ‘cruelty’ has a wide definition. It includes inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relatives to meet any unlawful demand for any property or valuable security.
Harassment for dowry falls within the sweep of latter part of the section. Facilitating situations that force a woman to commit suicide is also one of the core elements of the term ‘cruelty’. The offence under Section498A is cognizable, non-compoundable and non-bailable.
Section 498A
The section states:
498A. 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 punishable 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 willful 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 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.
Explanation of the Section
Ingredients of the provision are as follows:
- Married woman
- The woman must be subjected to cruelty or harassment; and
- Such cruelty or harassment must have been shown either by her husband or by the relative of her husband.
A thorough analysis of the section depicts that the entire section is founded upon four basic questions of law. They are-
Firstly, any action, gesture or conduct that is likely to drive a woman to commit suicide.
Secondly, any action, gesture or conduct that is likely to cause grave injury to the life, limb or health of a woman.
Also Read: How to handle false charges of Section 376 of IPC along with Section 498A
Thirdly, Harassment caused to the woman and her family with the intention of extracting some property.
Lastly, Harassment caused to the woman and her family in the event of not being able to or not in agreement to yield to the demand of money or of any property.
Furthermore, the government setup Justice Malimath Committee in the year 2000 to consider measures for revamping the criminal justice system. After careful scrutiny of Section 498A, it came to the conclusion that the Section suffered from certain shortcomings and accordingly suggested changes. The committee noted that Section 498A, being non-bailable and non-compoundable operates against the interest of both, the husband and the wife.
Meaningful debates and persuasions have led to this enactment. The induction of Section 498A of the Indian Penal Code, 1860 is one of the desired provisions. It inflicts a penalty on offensive conduct of the husband and his relatives towards the married woman. The legislators have designed the said provision, read with allied provisions in the CrPC, to impart an element of deterrence.
By Abhishek Khare,
An Associate in Law Offices of Kr. Vivek Tanwar Advocates and Associates