Misuse of Section 498A IPC: Latest Ruling

 

Introduction

There are several matters where the women make false allegations of cruelty and harassment against their husbands and in-laws or relatives of husband. The Section 498A of the Indian Penal Code (IPC) was introduced to protect married women from cruelty and harassment by their husbands and in-laws. However, there have been allegations of its misuse in the last few years, leading to a debate on men's rights in India. The purpose of this article is to provide a detailed analysis of the misuse of Section 498A and its impact on men's rights.

Misuse of Section 498A IPC and Impact on men's Right

Background 

The Section 498A was enacted in 1983 as part of the Criminal Law (Second Amendment) Act, 1983. This section makes cruelty to wife by husband or in-laws a cognizable and non-bailable offence. The main purpose of this section was to protect women from dowry-related harassment and cruelty.

• Punishment: Imprisonment up to 3 years and fine.
• Nature: Cognizable, Non- bailable, Non-compoundable

Definition of Cruelty

Cruelty is defined as any intentional conduct which is likely to drive a woman to commit suicide or to cause serious injury or danger to life, limb or health.  This definition is broad and can be interpreted in various ways, leading to potential abuse. Cruelty includes:

 Physical  or mental harm to the woman,

Harassment for dowry,

Driving the woman to commit suicide or causing grave injury.

Misuse of Section 498A IPC & Case Laws

It is a matter of serious concern that a large number of cases are being registered under Section 498A IPC alleging harassment of married women and most of such complaints are filed in the heat of the moment on trivial issues and may not be genuine. Several new directions issued to prevent misuse of Section 498A.

There are many instances where women have misused Section 498A to harass their husbands and in-laws.

Recently, the Bombay High Court in the matter of Ajay Rajendra Khare vs. State of Maharashtra 2025 held that nowadays even the police are not taking due care and conducting proper investigation in case of offence under Section 498A of the Indian Penal Code. This offence is now treated casually by the police, as the way they deal with the First Information Report at times is a misconception and is an example of misuse. Thus, these police officers are carrying forward the investigation with certain assumptions or prejudicial mindset. This attitude is dangerous as genuine cases will be affected due to such apathy.

Accordingly, the Bombay High Court allowed the Application and quashed the Criminal proceeding/ FIR.

 Some common allegations are as follows:

False Allegations

Women often make false allegations of cruelty and harassment against their husbands and in-laws, leading to their arrest and imprisonment. These false allegations can be made for a variety of reasons, including personal animosity or a desire to extort money.

In a landmark judgment, the Supreme Court in the “Arnesh Kumar vs. State of Bihar, 2014 SCC” held that to prevent the misuse of section 498A of the IPC. The section deals with the cruelty to women by their husbands or relatives of husbands.

The Apex Court also stated that to prevent unnecessary or automatic arrest of accused persons in section 498A without proper assessment of the need for custody.

Extortion

Some women use Section 498A for extortion, demanding money and other benefits from their husbands and in-laws in exchange for withdrawing the case. This can lead to financial hardship for the husband and his family.

Harassment

Women can also use Section 498A IPC to harass their husbands and in-laws, causing them mental and emotional trauma. This may involve repeated filing of cases, summons and warrants, leading to a sense of insecurity and fear.

In a recent judgment, the Supreme court held that the police machinery cannot be used to hold the husband at ransom so that he can pressurized by the wife at the instigation of her parents or  relatives or friends and Section 498A of the IPC cannot be  invoked mechanically in all cases where the wife complains of harassment or ill-treatment.

Case Title: Archin Gupta vs. State of Haryana 2025 SCC 756

Impact on men's right and Solutions

Impact on Men’s Rights

The misuse of Section 498A of IPC has a significant impact on men’s rights in India. Some of the key issues include:

Lack of protection

The Men are not protected from false accusations and harassment under Section 498A of the IPC, which undermines their trust in the legal system. This can result in men feeling vulnerable and powerless.

Injustice

Misuse of Section 498A of the IPC can lead to injustice, wherein men may be wrongly accused and punished for crimes they have not committed. This can result in loss of reputation, livelihood and even freedom.

Mental trauma

Misuse of Section 498A of IPC can also cause significant mental trauma for men, leading to stress, anxiety and depression. This can have long-term effects on their mental health and well-being.

Solutions

The solution is that the tendency to put blame on all family members for settling matrimonial disputes needs to be check. Judicial cognizance has been taken of the fact that most of such complaints were filed in a fit of rage on minor issues and were not genuine. Further, unnecessary arrests kill the possibility of compromise and even when compromise is reached, the proceedings continue as the offence under Section 498-A is non-compoundable, resulting in unnecessary harassment to the parties. Therefore, safeguards against unnecessary arrests or insensitive investigation are necessary, Rajesh Sharma v. State of Uttar Pradesh, (2018) 10 SCC 472.

To address the misuse of Section 498A and protect men's rights, several solutions can be implemented:

Guidelines for the police

The police should be given clear guidelines on how to handle cases under Section 498A IPC, including the need for thorough investigation and evidence. This can help prevent false allegations or arbitrary arrest and ensure that only genuine cases are pursued.

The police machinery cannot be used to hold the husband at ransom so that he can pressurized by the wife at the instigation of her parents or  relatives or friends and Section 498A of the IPC cannot be  invoked mechanically in all cases where the wife complains of harassment or ill-treatment.

Protections for false allegations

Men should be protected from false allegations and harassment, and there should be consequences for women who misuse the law. This can include penalties for filing false cases or making false allegations.

Mediation

Mediation services should be made available to couples facing marital problems to help them resolve their issues without resorting to legal action. This can help reduce the number of cases filed under Section 498A of the IPC.

Conclusion

The misuse of Section 498A is a serious issue that affects the rights of men in India.  To address this issue, it is necessary to implement solutions that protect men from false accusations and harassment, while also ensuring that women who are genuinely suffering from cruelty and harassment get justice. It is necessary to strike a balance between protecting women’s rights and preventing the misuse of 498A of the IPC.

FAQs

1. Why was Section 498A introduced in the Indian Penal Code?

Section 498A was introduced to protect married women from cruelty and harassment by their husbands and in-laws.

2. How is cruelty defined under Section 498A?

Cruelty is defined as conduct likely to drive a woman to commit suicide or cause serious injury or danger to life, limb, or health.

3. What are some common allegations of misuse of Section 498A?

False allegations, extortion, and harassment are common allegations of misuse of Section 498A.

4. What impact does the misuse of Section 498A have on men’s rights?

The misuse of Section 498A can lead to lack of protection, injustice, and mental trauma for men, undermining their rights.

5. What steps can be taken to address the misuse of Section 498A?

Clear guidelines for police, protections for false allegations, and mediation services can help address the misuse of Section 498A.

6. Why is it important to protect men from false allegations under Section 498A?

It is important to protect men from false allegations to ensure justice and prevent the misuse of the law.

7. How can mediation services help reduce the misuse of Section 498A?

Mediation services can help couples resolve their issues without legal action, reducing the number of cases filed under Section 498A.

8. How can guidelines for the police help prevent false allegations under Section 498A?

Clear guidelines can ensure thorough investigation and evidence, preventing false allegations and arbitrary arrests.

9. Why is it important to strike a balance between protecting women’s rights and preventing the misuse of Section 498A?

It is important to ensure justice for genuine cases while also protecting men from false accusations and harassment.

10. What role do mediation services play in protecting men’s rights under Section 498A?

Mediation services can help couples resolve their issues peacefully, reducing the need for legal action and protecting men’s rights.

11. How can solutions like guidelines for the police and protections for false allegations help address the misuse of Section 498A?

Implementing these solutions can help ensure that only genuine cases are pursued and preventing false allegations and protecting men’s rights.

12. What can be done to ensure justice for both men and women under Section 498A?

By implementing safeguards against unnecessary arrests and insensitive investigations, justice can be served for both men and women under Section 498A.

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