Misuse of IPC Section 498A: Apex Court raises alarm

New Delhi: In a landmark ruling, the Supreme Court on Tuesday expressed serious concerns over the increasing misuse of Section 498A of the Indian Penal Code (IPC), a provision originally intended to protect married women from cruelty by their husbands and in-laws.

The judgement, delivered in the case of Dara Lakshmi Narayana and Others. State of Telangana and Another, highlighted how this legal safeguard is being weaponised for personal vendetta. The Court’s observations have gained prominence amidst a nationwide debate following the suicide of 34-year-old Bengaluru techie Atul Subhash.

A Bench comprising Justice B.V. Nagarathna and Justice N. Kotiswar Singh underscored the troubling trend of vague and unsubstantiated allegations being levelled during matrimonial disputes, turning legal protections into tools of coercion.

“Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife,” the Court remarked, adding that such misuse could undermine the very purpose of the law.

The judgement acknowledged the rising discord within the institution of marriage and noted an increase in matrimonial disputes, which has led to an uptick in the misuse of legal provisions.

“In recent years, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for personal vendetta. Vague and generalised allegations, if not scrutinised, will lead to the misuse of legal processes and encourage arm-twisting tactics,” the Bench stated.

This post was published on December 12, 2024 6:34 pm