There is a latest Supreme Court judgment on 498A in 2022 which requires specificity in allegations against the husband’s relatives in a cruelty case. There is another judgment on Section 498A of the Penal Code, 1860 restricting leniency against mother-in-law treating the daughter-in-law with cruelty. But how do Courts decide when to be lenient and when to be strict in such cases?
Section 498A of the Penal Code, 1860 lays the provision against a husband or relative of husband of a woman subjecting her to cruelty.
Section 498A of IPC 1860 provides that “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.”
It further explains Cruelty as
“(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.”
Although the provision is clear enough to make one understand what constitutes cruelty under IPC Section 498A, it sometimes becomes confusing when the same is applied to specific facts of the case. In fact, the 498A false case percentage is higher than the genuine cases as reflected through conviction rate (Click here for NCRB data) which reflects its misuse. This is where the Supreme Court judgments on IPC Section 498A bring clarity to confusing state of facts.
This article is a curation of important judgments by the Supreme Court on Section 498A of Penal Code, 1860 in the year 2022.
Latest Supreme Court Judgments on 498A (2022)
Specific allegations against husband’s relatives
In case of Kahkashan Kausar v. State of Bihar, 2022 SCC OnLine SC 162 the Court held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand. It was further observed through this latest judgment of Supreme Court of India on 498A that “a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.”
Mother-in-law treating daughter-in-law with cruelty
In case of Meera v. State, 2022 SCC OnLine SC 31, the Supreme Court held that “when an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence.” It further added that woman meting out cruelty to another woman deserves no leniency. Mother-in-law must protect daughter-in-law, not harass her.
498A IPC Evidence
Since matters of cruelty under IPC Section 498A are related to a matrimonial home, most of the witnesses are related to each other by birth or marriage. Hence, they are the interested parties whose statements may or may not be genuine enough to be relied upon by the judges. In Surendran v. State of Kerala, 2022 SCC OnLine SC 621, this latest Supreme Court judgment on 498A (2022) reiterated the well settled principle of law that “the evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully.”
Abetment of suicide after Cruelty against women
The latest Supreme Court judgment on 498A in 2022 discussed the nexus between offences under Sections 498A and 306 of IPC in Mariano Anto Bruno v. State, 2022 SCC OnLine SC 1387. The Supreme Court reiterated that “Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life.”
Section 498A of IPC and dying declaration as evidence
In Rajaram v. State of M.P., 2022 SCC OnLine SC 1733, the victim’s husband came up with an appeal against conviction under IPC Section 498A. According to the facts, the victim was brought to the hospital in a burnt condition and lost her life thereafter. Two dying declarations of the victim were recorded by the authorities. The first dying declaration elaborated the acts of burning her with kerosene oil, wherein, there is no mention of the appellant, i.e., her husband. The second dying declaration did mention previous acts of cruelty, which includes the husband along with other family members. The High Court had discredited the second dying declaration, being the only piece of evidence against the husband. Hence, the Court set aside the conviction and sentence for cruelty under Section 498A.
FAQs on Latest Supreme Court Judgment on 498A 2022
Q – What is the new amendment in an IPC Section 498A case?
A- There is no Section 498A IPC amendment available till date. There have been petitions and proposals for amending the provisions related to making the offence compoundable, gender neutral, etc. It may be noted that any change brought to the existing legal practice on cruelty against married woman is through the latest supreme court guidelines on 498A through various case laws.
Q- What are the latest guidelines of IPC Section 498A?
A- The latest Supreme Court guidelines on 498A clarify that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand. Further important 498A guidelines were laid by Allahabad High Court in Mukesh Bansal v. State of U.P., 2022 SCC OnLine All 395 for a cooling period of 2 months against arrest of accused persons in these cases.
Q- Is 498A IPC a continuing offence?
A- As the term suggests in consonance with Section 472 of Criminal Procedure Code, 1973, a continuing offence is one which repeats and the right to take legal action in such cases begins every time such offence is repeated. As per Section 468 of CrPC, the time limit for a complaint for an offence under Section 498A of IPC is 3 years. In the case of Rupali Devi v. State of U.P., (2019) 5 SCC 384, the Supreme Court explained the scope of a continuing offence in a detailed manner and affirmed IPC Section 498A to be a continuous offence for deciding jurisdiction of Courts.
Q- What is the average time for 498A case?
A- Neither a latest Supreme Court judgment on Section 498A in 2022 nor any other case law provides for a fixed timeline within which, a case for cruelty against women may be wrapped. However, the legal proceedings may be concluded within 1-2 years if the allegations are baseless and Section 498A FIR quashing application is accepted. It may stretch to 5-7 years for the trial to wrap.
Q- Can police reject IPC Section 498A case?
A- Yes, whenever a criminal complaint is filed with the Police, it is their duty to register a First Information Report based on the ingredients of the offence to be duly satisfied. Hence, if Section 498A ingredients are missing as per the complainant’s story, the Police may refuse to register such case of cruelty to woman.
Q- Is there any 498A judgment in favour of husband?
A- When Section 498A IPC was introduced through a 1983 criminal amendment, it was said to be a weapon in the hands of women to humiliate their husbands. There was a need to protect the husbands and their relatives against the misuse of 498A. One such Supreme Court judgment on 498A IPC was Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 wherein, directed the police authorities not to automatically arrest in a Section 498A IPC case or other cognizable offence, but satisfy themselves on necessity for arrest following the parameters under Section 41 CrPC. This case brought some relief for husbands dealing with false cruelty cases ruining marriages. The same was followed in the latest Supreme Court judgment on 498A in 2022 – Satender Kumar Antil v. CBI, (2022) 10 SCC 51.
Has anyone given a thought as to why so many 498A cases in the country? One agency that is partly responsible for this menace is police. They have no standard operating procedure to follow for investigation. They don’t carry out proper investigation in that they do not even meet and check facts from the accused persons. Whatever the girl or her parents is taken as a gospel truth. They are protected by law in case of faulty investigation. The magistrates don’t even question the investigating officers on the investigations conducted by them. The advocates will never explain the provisions of law to the accused because they want more and more clients. Thus this nexus of police, advocates and the false cmplaints increases the number of 498A cases in the country.
Complanant under her statement under 164 Cr.pc stated whole story of cruelty committed by her husband with demand of more dowry but at the end of her statement she stated that now she entered into compromise with accuse and don’t want to proceed further. Now ple guide me with judgement if ant whether court shall frame charge against accused or discharge the accused. I m for Complanant.
My Wife File 498 a Ipc against me and my parents in the year 2021.High Court was given stay on my parents. Only 3 relative witnesses are there in case and they are having no evidence then what can I do
The title “What is the average time for 498A case?” is incomplete without the following SC observations:
The respondent filed this criminal complaint against the revisionist on the basis of more than six years old false & fabricated incidents, is barred under limitation of three years as per section 468 CRPC. Hon’ble Supreme Court of India in the matters of Kamlesh Kalra Vs SHILPIKA KALRA & others, Criminal Appeal No 426/2020 [Arising out of SLP 2908/2019] on 24.04.2020 clearly ruled at para 13 as follows:
“13. As regards, the finding recorded by the High Court in respect of complaint/FIR filed under Section 498A IPC, we are of the firm opinion that the same does not call for interference. In the facts of this case, it is clear that the FIR filed in this regard in 2015 was time barred, having been filed much more than three years after the separation of Manish Kalra (husband) and Shilpika Kalra (wife) and the filing of the divorce petition by the husband, both in 2009. In the facts of the case, the reasons given by the High Court for quashing the proceedings under section 498A IPC are justified and do not call for interference by this Court.”
The article “Cruelty towards Married Woman: Latest Supreme Court Judgments on 498a in 2022” affords precious insights into the current tendencies in 498a instances as interpreted by way of the Supreme Court. The Supreme Court’s judgments play a integral position in shaping the felony panorama and making sure justice for married girls dealing with cruelty and harassment.
Yes there are kany false cases goikg on under tge garb of 498-A Ipc.. but bring an advocate i have seen many husband and its families get discharged later as well. But initial few years were hell . Now due to time span and few latest judgements have relaxed the scenario…
All laws in favour of men .
In real supreme court is just making a way for itself. A man is born from the womb of women and still men make laws to spoil life of women .
Why 498 is not arrest warrant direct, if men is non guilty let him proof . Men and women are different physically and no women is a fool to spoil her marital life unless she have problem ..
I don’t know where all women is and why don’t they raise voice against this injustice .
Madam I think you didnot read about jyoti morya
you are absolutely wrong madam, 90% of 498A cases are fake and done to harass the husband and their family. The statistics have already proved that females are doing these cases just to harass their husbands and extract money from them. Even the supreme court also gave the same verdict.
Hope you are having a joyful life. Men need to proof against themselves – Correct. I have seen many families crumbled down to the road and even 75+ age parents of the men family are not spared due to these false cases. The wife and her family purposely targeting husband family for money and property and if they do not listen frame a false dowry and harassments case against husband. As you said (no women is a fool to spoil her marital life unless she have problem…) , some of the women are just willing to marry for money only and using their kids as Puppets in these scenario’s.
Correct 💯
200% true. And this is happening in Hindu marriage. Ultimately Hindu boys will either choose to live-in partner, or convert to Islam.
File case of Malicious use of law against her if proof of cruelty is missing in her 498A file. Take the copies of all the mediation records in the favor of yours and your family. You and all your relatives may file the cases against her if she is misusing the law.
File 2-3 cases of Malicious use of law against her and demand for proof.
Sir,
If any normal person gets married to women who is advocate & if she harassed & torcherd husband’s family to gain her husband’s grand father’s property in her name & when husband’s family doesn’t agree on it.
The advocate wife filed false 498 case with DP acts against husband & mother,because they disagreed to her demands.
Now this above matter is no where concerned dowery harassment. She misguided the police dept, court of law & misused her profession.
File case of Malicious use of law against her if proof of cruelty is missing in her 498A file. Take the copies of all the mediation records in the favor of yours and your family. You and all your relatives may file the cases against her if she is misusing the law.
Hello Dir
My brother’s wife had filed a 498-A against my brother and on me. I may require your number kindly provide me please..