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What is Section 498A?
Can Section 498a be misused?
Was Section 498A IPC misused?
What is Section 498a of the Indian Penal Code?
Jan 3, 2019 · The wife alleged physical and mental cruelty at the hands of the husband and accused him under Section 498A, IPC. The husband, however, denied all the charges. Cases referred. The Court referred to the case of S. Hanumantha Rao v. S. Ramani [2] for the meaning of mental cruelty.
- Daisy Roy
Under Section 498A of the Indian Penal Code, extortion of any form of property by subjecting a woman to cruelty is punishable.
5 days ago · This ruling was crucial in addressing the misuse of Section 498A of the Indian Penal Code (IPC), which deals with cruelty against women, typically linked to dowry demands. The Court, while recognizing the importance of protecting women, stressed the need for caution in making arrests under this section, thus seeking a balance between individual liberty and societal order.
The misuse of Section 498A has been a subject of debate in India for several years. In some cases, individuals have been accused under false or exaggerated complaints to settle personal scores, gain leverage in divorce proceedings, or extort money.
- Sayani Banerjee
- KANS RAJ V. STATE OF PUNJAB[iv] (2000) FACTS. Sunita Kumari was found dead at the residence of her in-laws in Punjab. The death was found to have occurred not under the ordinary circumstances but was the result of suffocation.
- SUSHIL KUMAR SHARMA V. UNION OF INDIA[v] (2005) FACTS. The petition was filed under Article 32 of Indian Constitution for declaring Section 498A of IPC as unconstitutional and ultra vires in the alternative to formulate guidelines so that innocent persons are no longer falsely accused.
- NEELU CHOPRA & ANR. V. BHARATI[vi] (2009) FACTS. The appellant Neelu Chopra and Krishan Sarup Chopra are husband-wife and the respondent Bharti was their daughter-in-law.
- MANJU RAM KALITA V. STATE OF ASSAM[vii] (2009) FACTS. The wife alleged that her marital relationship was not cordial as her husband used to torture her mentally and physically.
Dec 13, 2022 · The article elucidates the nature, significance, and constitutional validity of the offence under Section 498A of IPC along with the potential misuse of the provision with the remedies for its misuse.
Misuse of Section 498A IPC. For Prelims: Section 498A IPC. For Mains: Section 498A IPC and its Misuse, Violence against woman (VAW), Acts of Domestic Violence. Why in News? The Supreme Court in a recent judgement highlighted the growing misuse of Section 498A IPC, with friction rising in marriages.
