Supreme Court on Misuse of Section 498A of IPC

2019 ias preliminary exam test series

The Supreme Court has expressed serious concern over the misuse of Section 498-A of the Indian Penal Code relating to dowry and harassment of men.

Supreme Court two Judge Bench of Justices AK Goel and UU Lalit has issued new set of directions to prevent the misuse of Section 498A of Indian Penal Code.

“It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. To remedy the situation, we are of the view that involvement of civil society in the aid of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also necessary to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Court only for that purpose”.

Following directions were issued by Supreme Court:

Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. He should undergo training of four months for such duration (not less than one week) as may be considered appropriate.

If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected.

In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine.

In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.

Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

The committee may give its brief report about the factual aspects and its opinion in the matter. Till report of the committee is received, no arrest should normally be effected.

The report may be then considered by the Investigating Officer or the Magistrate on its own merit. Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

The Members of the committee may be given such honorarium as may be considered viable. It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and

Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

These directions will not apply to the offences involving tangible physical injuries or death.

Background:

Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows,

‘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. The offence is Cognizable, non-compoundable and non-bailable.’

Current Affairs for IAS Exam