ABSTRACT

To begin with, let's look at what the word marriage means in its most basic form. When a couple
decides to marry, they agree to live together for the rest of their lives as one. It is a cultural structure
in which the husband is responsible for caring for and maintaining his spouse. Dowry was a
common practise in Indian culture that was viewed as a great honour at one time. Eventually, it
grew into  a horrible structure and then became a sickness for community, with females falling
victim to its ugliest aspect. Women are abused, assaulted, murdered, and divorced because they did
not bring dowry. The Indian Penal Code, 1860 was amended in 1983 to include Section.498A, that
deals with 'Marital Cruelty' to a lady. Nevertheless, it's been noted in past few decades that women
abuse Section 498A of I.P.C. because of their private selfish gain. The number of women trying to
make trivial false accusations against their spouses only with intention of getting rid of them or
merely trying to harm the relatives is a rising trend.
In recent years, this provision  has been abused more and more by people who understand that it is
both cognizable and non-bailable, resulting in spontaneous arrests on the girl's allegation and
detention of the guy. This section of the Indian Penal Code (IPC) needs to be amended, as well as
societal changes that will effectively eliminate the torment of misusing this specific law against
males. This study  attempts to analyse the notion of cruelty toward women, as well as to
demonstrate that Section 498A of the I.P.C. 1860, is being misused.
Keywords: abuse, section 498A, Indian penal code, cruelty

INTRODUCTION
Indian practises and rituals have always been revered and respected in the country. The principle of
dowry was another one that was widely accepted in India at the time.
When Section 498A had been introduced into the Indian law, it was intended to protect married
women from being treated cruelly for lack of dowry, which most often results in their demise, as
well as to protect women from being harassed by their husbands or his family members.
This provision  was created to safeguard females from their husbands and relatives' horrors. The
clause was added to protect women from atrocious behaviour and cruelty. The alarming statistics of
today, on the other hand, reveal a completely different situation. Instead of a 'shield', this section
law is now used by females to torment men for their own advantage and satisfaction. Section 498A
is therefore abused by girls that take advantage of the provisions of this specific passage for their
personal gain.

SECTION 498A: WHAT DOES IT MEAN?

To protect women's rights, the Indian Penal Code, 1860, was amended in 1983 to include Section
498A. Section 498A of the I.P.C. makes it illegal to expropriate money from a female by exposing
her to violence. A girl's body or wellness can be harmed in a variety of ways, including by engaging
in activities of abusive behaviour to blackmail her to comply with an illegitimate demand for estate
or precious security.
“498A. Husband or relative of husband of a woman subjecting her to cruelty. 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.
Explanation.- For the purpose of this section, ―”cruelty” means:
(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.”
MEANING OF CRUELTY:
According to the court ruling in the case of Kaliyaperumal 1, the element of cruelty is particularly
prevalent to both the criminal acts under sections 304B and 498A of the Indian penal code. This
means that an individual arrested of dowry-related murder under section 304B can be found guilty
of another crime under IPC section 498A. With in section 498A explanation, the word cruelty is
defined. There is no definition of cruelty or sexual harassment in section 304-B, but the definition
of cruelty or harassment provided in section 498-A extends to section 304-B, too. Section 498-A of
the Penal Code criminalises cruelty, while section 304-B criminalises the murder of a spouse during
the journey of 7 years of wedding. There's no reference of it in section 498-A, however.  Both 
Mental and physical torture are included in the term "cruelty".

Examples of cruelty in the modern world.

• Frequent dowry requirements: If a girl is subjected to recurrent dowry wants and is subjected to
abuse or intimidation of any type, whether physically or emotionally, it is a crime of cruelty.2
• It's cruel to make false claims in a lawsuit. There were several malicious lawsuits filed against the
spouse, and she had been tormented by arrest warrants and confiscation of her private

1 Kaliyaperumal vs. State of Tamil Nadu [2003 AIR(SC) 3828]

2 Jagdish v. State of Rajasthan, 1998 CriLJ 554.
 possessions. Whenever these actions are repeated and conducted on, they are cruel and
inhumane.3
• Cruelty is repeated taunting and maltreatment of the wife, including calling her unattractive, etc.
This is cruel and torturous to any bride.4

MISAPPLICATION OF SECTION 498A

To protect women from cruelty, verbal abuse, as well as other aggressive acts, legislators drafted
and introduced section 498A in the legal structure. “There were more acquittals than convictions
after cross-investigations were conducted to test the feasibility of such provisions. The number of
women rendering superfluous false accusations against their married men with the idea of getting
rid of them or simply hurting the relatives is on the surge”. 5
In recent years, this provision has been abused more and more by females who understand that it is
both cognizable and non-bailable, resulting in spontaneous arrests on the lady's allegation and
incarceration of the guy. A surge in academic achievement, financial stability and westernisation
has led more self reliant and revolutionary feminists to use Section 498A of the IPC as a sword
rather than as defence. This has resulted in a large number of defenceless married men and their
family members becoming the sufferers of vindictive daughter-in-laws.

These days, many claims where Section 498A is asserted are untrue “(and it is repetitively
acknowledged by the Supreme Court and the High Court of India), as they are merely bribery
attempts by the spouse (or her family members) when tormented with a depressed married life,
according to the Supreme Court of India. A Section 498A allegation is often accompanied by a
demand for large sums of financial resources to negotiate a settlement beyond the court, as a result
of this.”
It was stated in the 2003 Malimath Committee report on policy changes in the criminal justice
system that there was a "general complaint" that Section 498A of the IPC was being grossly abused,
and that a change to the provision was recommended.6
According to reports, more than 10,000 cases were proved to be wrong in recent years.7
Because the crimes under Sec 498A are non-bailable and non-compoundable, the man and his
family members will be arrested, and bail will be rejected. The husband and his family members

3 Smt. M.M.Chitnis v. Mr. M.M. Chitnis, 1991 (2) Maharastra L.R. 753.
4 Pawan Kumar v. State of Haryana J.T. 1998 (1) SC- 565.
5 Deeptiman Tiwary, “Section 498A, Dowry: Most FIRs, Least Convictions”, Legal Desire. December 6, 2017. http:
legaldesire.com/section- 498a-dowry-firs-least-convictions/.
6 Vasundhara, “Use And Misuse of Section 498A”, LEGAL SERVICE INDIA (August 13, 2021, 1:15 PM),
http://www.legalserviceindia.com/legal/article-652-use-and-misuse-of-section-498a.html.
7 Times of India dated 22/3/2015 at P.1.
will also be unable to enter into an agreement with the wife to pull back such lawsuits. The
individual who is exposed to such fake accusations suffers a grave infringement of their human
rights.
Feminist organizations are reportedly opposed to any move to make the criminal offense under Sec
498A bailable and compoundable.

WHY IS IT THAT PEOPLE ABUSE SECTION 498A SO MUCH?8

There are a few causes for this:
1. Lawful Coercion — to get rich quickly involving the ransom of enormous sums of money.
2. False or misleading Weddings - wherein the woman (or her relatives) conceals her educational
level or mental condition, and once she is requested to free someone who has entered into a
relationship without having all the details, she makes a bogus 498A case. Previous Relationship
3. Wife wants her spouse to give up his mom and dad and family and also have complete authority
over his financial situation as well as his social behaviour. Dominance
4. Deprive the dad and his relatives of visitation rights with their kids.
5. Females who commit adultery utilise 498A as a negotiating tactic to get what they want.
6. Woman is stuck in a previous relationship that she can't escape. She married to appease her
family, then takes use of the 498a legislation to get divorced.

SUPREME COURT RULINGS ON THE ABUSE OF SECTION 498A

Arnesh Kumar v. State of Bihar
"A complaint under Section 498-A allows immediate arrest and jailing of the accused because the
offence is cognizable but not bailable,”9 Arnesh Kumar's case noted. If the claim is untrue and
incentivized, this is indication of a human rights violation.
Savitri Devi v Ramesh Chand & Ors
During the particular circumstance of Savitri Devi case the court determined that the regulations
were abused and exploited to such a large extend that it undermined the very foundations of
matrimony and was harmful to social system as a whole. Officials and legislators, according to the
court, need to evaluate the facts and statutory rules to help avoid such issues from happening.
Sushil Kumar Sharma versus Union of India and others
'The purpose of the clause is to avoid dowry,' said the Supreme Court in Sushil Kumar case 10.
However, as the plaintiff correctly points out, there have been numerous instances where allegations

8 Gourav Kumar, ”A Study on Misuse of Section 498A of Indian Penal Code, 1860 “, 2019 IJLMH | Volume 2, Issue 3 |
ISSN: 2581-5369
9 Arnesh Kumar V State Of Bihar (2014) 8 Scc 273:
10 Sushil Kumar Sharma v. UOI, 2005 (6) SCC 266.
have indeed been lodged which are not genuine and was filed with an obtuse intent. Acquittal in
such instances does not really erase any embarrassment that was endured either during or preceding
to a court case It's not uncommon for negative coverage to exacerbate an individual's suffering. We
need to figure out how to stop the abuse of this well intended provision. Simple constitutional
validity and intra vires do not give unprincipled individuals blank cheque to wreak personal havoc
and harass innocent people. As a result, it may be essential for legislators to identify solutions to
cope with those who make spurious complaints or accusations. Meanwhile, the courts will have to
cope with the problem in accordance with existing laws.

Sate of U.P. v. Rajesh Kumar & Co.11

The Supreme Court issued broad guidelines to prevent the misuse of Section 498A of the Indian
Penal Code. These include 
• The formation of one or more Family Welfare Committees in each division, with a minimum of 3
representatives. “District Legal Aid Authorities (DLSAs) are responsible for creating this type of
constitution.”
• Every objection must be referred to the Committee, which must then present its findings to the
official that referred the matter. The Lead Investigator or the Magistrate will then take into
account the report on its merits.
• The committee's responsibilities include investigating every petition obtained by the cops and the
District judge under Section 498A.
• No arrests must be made until the commission's report is obtained.
• If a bail request is developed with at minimum 1 day's notification to the Public Prosecutor /
Complaint, it can be granted on the very same day, if practicable. In cases where it is sufficient to
defend the maintenance or other woman's rights or dependent children, recovering dowry items
that are in conflict may not have been a sufficient reason to deny bail.
Manav Adhikar v. Union of India 12
A proportion of women do endure physical and sexual abuse of their husbands and their families,
according to the complainants, who also asserted that the accusation that Section 498A is being
misapplied is not founded on any particular date. Additional arguments were made, and it was
suggested that the social purpose of Section 498A IPC was now being forfeited as the strictness of
the law had been weakened because of numerous court rulings, such as the judgment in the case of
Rajesh Sharma case
When it came time to make a decision, it was determined that there was no stipulation in the Code
of Criminal Procedure, 1973, that addressed the Family Welfare Committees and their duties. The
11 Sate of U.P. v. Rajesh Kumar & Co. (2017 SCC OnLine SC 821)
12 Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443
crime of cruelty is an infringement which is not capable of being detected, because of the manner in
which it was disseminated, it cannot be effectively countered by arrests prior to the completion of
the investigation committee's report. As a result, with further clarified, the Rajesh Sharma case
instructions have been modified by the Court.
There was a ruling that the Family Welfare Committee's role was unenforceable, both in terms of its
structure and its responsibilities Moreover, the settlement path has indeed been amended to allow
the sides to go to the High Court if a consensus is reached.

REMEDIES IN THE EVENT OF A FALSE ALLEGATION

In the particular instance where his wife has falsely accused him and he has been cleared by the
court. In the event that 498A is misused, he has the ability to fight the claim. Laws and government
in India help to undermine women, and men aren't left out either. Injustice still loses to justice. As a
result, men whose reputations have been tarnished by falsified claims may take legal action and
receive protection under Section 498A of the IPC. “These include:
• The husband can register a defamation court case under Section 500 of the I.P.C.
• under Section 9 of the CPC, the husband can bring a case for damage caused which he and his
relatives have suffered as a result of false accusations of cruelty and mistreatment; and
• Section 182 of the IPC is among the most widely used protections against completely bogus 498A
cases. Section 182 of the IPC punishes the offender with six months of imprisonment and a fine,
or both, if the governing body believes that the averages calculated were illegitimate. It is alleged
that the person provided incorrect facts to the judicial system in order to deceive them.”

CONCLUSION AND RECOMMENDATIONS

• To begin with, in India, criminal prosecutions, particularly those of a sensitive matter, might take
up to ten years to resolve, based on the intensity of the offence. However, a quick trial is
recommended to ensure that innocent people caught up in the 498A loophole receive fast justice.
As a result, it is critical that the court, in addition to being efficient, endeavour to speed up the
court proceedings in 498A matters.
• It is also critical that NGOs that support human rights causes work together to act neutrally and
start educating the crowd about avoiding filing criminal charges based on minor incidents.
• In order to reduce the staggering number of dowry-related cases, the court system must start
applying penalties and rigorous actions must be brought against individuals who make false
allegations.
• The urgent necessity of the time is a proper revision to Section 498-A.
• Section 498-B- Any woman and other such person who makes a fake accusation against her
spouse or his family in violation of section 498-B is punishable by imprisonment with up to 2
years in jail and fined of up to Rs.15,000/-.
• The act's concept of emotional cruelty is imprecise, leaving room for interpretation. To close legal
anomalies, this should be explicitly defined. A provision must be made for males to file a
complaint against their wives for false allegations. 
• As well as making marriage registry mandatory, couples should be required to sign a joint
declaration about gifts received throughout wedding.
Conclusion
The woman submitted a false accusation under the terms of Section 498A IPC and put her husband
underneath the law, which has now been proven. There are no regulations in place to protect boys
from being abused by females. This section only helps women, and it has lately become a
contentious issue. However, a new form of legal terrorism might be triggered if the clause is
abused. The clause is meant to serve as a protection rather than a sword for women. If the scream of
"wolf" is uttered too frequently as a joke, help and shelter may be unavailable whenever the real
"wolf" emerges. The claims will not be dealt with lightly by the investigating agencies or the courts.
In instances connected to dowry torture and abuse, killings, and brutality, they are unable to apply
any rigid formula. Within the 243rd report on IPC Section 498A, the Law Commission dealt with
the problem of alleged abuse of the legislation. According to the panel, the crime can only be
compounded with the consent of a court, and safeguards must be followed before giving
authorization. The panel, however, has advised that the offence be left unreported in order to protect
the innocent. We are not eliminating the utility of laws that affect the interests of the public because
of the abuse.
After conducting the research, the researcher came to the conclusion that, while Section 498-A of
the Indian Penal Code, 1860 was enacted to safeguard  women from the brutality of their husbands
and family, it is now being misused. These ladies are violating the law by becoming cruel to their
husbands and families and having them prosecuted under Section 498A of the Indian Penal Code,
1860, which addresses with "Cruelty by spouse or family of spouse."
Appropriate legal proceedings should be made as soon as feasible in the future to prevent the spread
of "legal terrorism" based on the misapplication of legislations.

BIBLIOGRAPHY
• The Code of Criminal Procedure, 1973.
• The Indian Penal Code, 1860.
• Author: K.D.Gaur, Textbook on the Indian penal code, Published by Universal Law Publishing
Co. Edition 4th (2009)
• Section 498A, Dowry: Most FIRs, Least Convictions.‖ Legal Desire. December 6, 2017. http:
legaldesire.com/section- 498a-dowry-firs-least-convictions/.
• Author: RatanlalRanchoddas and DhirajlalKeshavlalThakore, Indian penal code Published by
LexisNexis, 2019 IJLMH | Volume 2, Issue 3 | ISSN: 2581-5369 Edition 34 , (2014)
• Indian kanoon, https://indiankanoon.org/.
• National Crime Records Bureau(NCRB), http://ncrb.gov.in/.