INTRODUCTION

Prior to 1983, there was no specific provision in Indian law that specifically addressed
domestic abuse or cruelty within the context of marriage. The Amendment to the Indian
Penal Code in 1983 brought about a significant change by introducing Section 498A, which
aimed to tackle the issue of “matrimonial cruelty” against female spouses and dowry-
related offenses in India.
The inclusion of Section 498 A in the IPC marked a crucial milestone in recognizing the
pervasive problem of domestic violence and dowry-related offenses faced by married
women in India. It acknowledged that women within the institution of marriage were
particularly vulnerable to abuse and required legal protection.
REASON or JURISPRUDENCE BEHIND SECTION 498 A
The primary reason behind this was that most women bear their sufferings in silence. The
violence can take such serious forms, that it becomes torturous for the women, and they
have no other option but to take their own life. The idea behind introducing this provision
under IPC was to prevent the torture done upon a married woman by her husband or by
her husband’s relatives and punish them for unlawful demands, like dowry.
The increasing cases of violence against women as well as growing cases of bride-burning
were a matter of concern, and, for this, it was felt that general offences, like that of assault,
grievous hurt, homicide, etc., would not be adequate to deal with such kinds of cases
because such offences must be stringent so that atrocities against women can be controlled
and also there must be a deterrent effect of such penal provisions.
SEC-498A UNDER IPC
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 purposes 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.
ESSENTIAL INGREDIENTS OF SEC-498A IPC
• Cruelty: The first element of Section 498A involves subjecting a woman to cruelty. Cruelty can
be defined as any act that causes physical, mental, or emotional harm or harassment. It
includes both physical violence and mental torture, such as constant harassment, verbal
abuse, threats, or humiliation. The term “cruelty” is comprehensive, encompassing various
forms of abuse that can be inflicted upon a married woman.
Gurcharan Singh v. State of Punjab, (2017) 1 SCC 433- Proof of the wilful conduct actuating the
woman to commit suicide or to cause grave injury or danger to life, limb or health, whether
mental or physical, is the sine qua non for entering a finding of cruelty against the accused
person.

• Woman married to the accused: The provision applies when the victim is a woman who is
married to the accused. It recognizes the vulnerability of women within the institution of
marriage and provides them with legal protection against cruelty inflicted by their husbands or
their relatives. Section 498A applies not only to the husband but also to his relatives who
engage in acts of cruelty against the woman. This provision acknowledges that domestic
violence often extends beyond the immediate perpetrator and includes other family members
who contribute to the abuse or facilitate it.
• Cruelty in connection with demand for dowry: Another crucial aspect of Section 498A is that
the cruelty must be connected to a demand for dowry. Dowry is a social evil in India where
the bride’s family is expected to provide significant gifts or wealth to the groom’s family
upon marriage. Section 498A recognizes that dowry-related offenses are often accompanied
by cruelty and seeks to combat this form of abuse.
Modinsab Kasimsab Kanchagar v. State of Karnataka, (2013) 4 SCC 551- . The demand of
'10,000/- towards the society loan made by the appellant, thus, may not be a demand in
connection with dowry but is certainly an unlawful demand for a property or valuable security
and there is clear evidence of the prosecution to show that the deceased was subjected to
harassment by the appellant on account of her failure to meet the aforesaid demand of '
10,000/- further direct that the sentences under Sec-498A as well as the offences under
the Dowry Prohibition Act,1961 will run concurrently.
EXAMPLES OF ABUSE
Physical Violence: A husband physically abuses his wife, leaving her with visible injuries and causing
immense pain. Such acts of physical cruelty are punishable under Section 498A.

Emotional Abuse: A woman’s in-laws constantly berate and humiliate her for not bringing enough
dowry. They subject her to mental harassment, including threats of divorce and abandonment. This
emotional abuse falls within the ambit of Section 498A.

Economic Exploitation: The husband and his family demand additional dowry from the woman’s
family and threaten her with dire consequences if their demands are not met. This act of coercion
and exploitation is covered by Section 498A.
CLASSIFICATION OF OFFENCE
The offence under Section 498-A IPC-
• Cognizable
• Bailable Offence
• Non-compoundable
• The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any
person related to her by blood, marriage or adoption. And if there is no such relative, then by any public
servant as may be notified by the State Government in this behalf.
• Complaint under Section 498-A — Period of Limitation
As per Section 468(2)(c) CrPC- Bar to taking Cognizance after lapse of period of limitation, a complaint
alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged
incident. However, Section 473 CrPC- Extension of Period of Limitation enables the Court to take
cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the
interest of justice.
• Section 198-A CrPC-Prosecution of Offences u/s-498A IPC- No Court shall take cognizance of an offence
except upon a police report of facts which constitute such offence or upon a complaint made by the
person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s
brother or sister, with the leave of the Court by any other person related to her by blood, marriage or
adoption.
Non-Compoundable Offence-Sec-498A IPC
Non-compoundable offences are those which cannot be compounded. They can only be
dismissed or quashed. It is because the nature of offence which is more serious, grave and
criminal, that the Accused cannot be allowed to be free with some settlements. But u/s-
482 of CrPC i.e., inherent Power of the High Court where the High Court can reduced the
awarded sentence of the Accused only if there is genuine compromise met between the
Husband and the Wife and cannot be completely set free or allow the accused person to
avoid the punishments for the Non-compoundable offence.
Manohar Singh v. State of M.P., (2014) 13 SCC 75- In this case, the appellant is
convicted under Section 498-A of the IPC and sentenced to undergo six months
imprisonment. He is convicted under Section 4 of the Dowry Act and sentenced to
undergo six months imprisonment. Substantive sentences are to run concurrently. Even
though the appellant and respondent No. 2-wife have arrived at a compromise, the
order of conviction cannot be quashed on that ground because the offences involved
are non-compoundable. However, in such a situation if the court feels that the parties
have a real desire to bury the hatchet in the interest of peace, it can reduce the sentence
of the accused to the sentence already undergone. Section 498-A of the IPC does not
prescribe any minimum punishment. Section 4 of the Dowry Act prescribes minimum
punishment of six months but proviso thereto states that the Court may, for adequate or
special reasons to be mentioned in the judgment, impose a sentence of imprisonment
for a term which may be less than six months. Therefore, sentence of the appellant can
be reduced to sentence already undergone by him. And also ordered to pay a sum of Rs.
2,50,000/- to Respondent 2 (wife) as compensation.
CAN SECOND WIFE FILE COMPLAINT U/S-498A ?
Case- A. Subash Babu vs State Of A.P. & Anr 2011 (7) SCC 616
The Appellant had collected a total amount of Rs. 28,000 from her father towards land loan
on the false plea that he was constructing his own house at his native place further again
the Appellant demanded a sum of Rs.20,000 from her father but her father expressed
inability to pay the amount for which the Appellant threatened the Complainant and her
father with dire consequences by showing his licenced revolver. Several times the Appellant
had tried to snatch the Gold ornaments put on her by threatening her and again demanded
gold ornaments together with the cash of Rs. 15,000. the Appellant also threatened the
complainant that he will wipe out all the evidence of his marriage with her and leave her
and go to his first wife, feeling aggrieved by his acts complainant filed and FIR u/s-498A,
494, 495, 417, 420 IPC.
The Hon’ble SC of India dismissed the appellant’s appeal. The impugned judgment by the
High Court of A.P. quashing the complaint filed by the Complainant for the offence by the
Appellant u/s-498A IPC is set aside and the Complaint lodged by the Complainant u/s-498A
of the IPC as well as the charge-sheet by the IO for the same is restored/revived.
Woman in Live-in Relationship file Complaint
u/s-498A IPC ?
Case- Unnikrishnan v. State of Kerala, (2017) 3 KLJ 918
The Supreme Court has held that for an offence under Section 498-A to be committed, the parties
must have undergone some sort of ceremonies with the object of getting married. In this case, the
parties did not perform any ceremony and just started living together. It was held that a woman in
a live-in relationship was not entitled to file a complaint under the sec- 498-A IPC.
CRUELTY & HARASSMENT ?
Case- State of A.P. v. M. Madhusudhan Rao, (2008) 15 SCC 582
Every harassment does not amount to “cruelty” within the meaning of Section 498-A. For the
purpose of Section 498-A, harassment simpliciter is not “cruelty” and it is only when harassment is
committed for the purpose of coercing a woman or any other person related to her to meet an
unlawful demand for property, etc. that it amounts to “cruelty” punishable under Section 498-A
IPC
Sec-498A IPC & Sec-113-A Presumption as to
Abetment of Suicide to a Married Woman
• Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 - Section 113-A of the Indian
Evidence Act deals with Presumption as to abetment of suicide to a married women which
states that upon proof of the relevant facts from the date of her marriage and that her husband
or relative of her husband had subjected her to cruelty, cruelty as per the terms defined in
Section 498-A IPC, the court may presume that such suicide has been abetted by the husband
or the relative.
In this case since the relationship A-1 had with A-2 was not of such a nature which under
normal circumstances would drive one to commit suicide or that A-1 by his conduct or
otherwise ever abetted or intended to abet the wife to commit suicide. Courts below, in our
view, have committed serious error in holding that it was due to the extra marital relationship
A-1 had with A-2 that led the deceased to take the extreme step to commit suicide, and A-1
was instrumental for the said act. In the circumstances, we are inclined to allow this appeal
and set aside the order of conviction and sentence imposed on the appellant, and he is set
at liberty.
Section 498-A and Protection of Women from
Domestic Violence Act, 2005
Domestic Violence Act, 2005 was enacted for the purpose of providing effective protection to
women who are the victims of any kind of violence occurring within the family. The impugned
legislation provides the rights of women to secure housing as well as the right to reside in their
matrimonial home. The enactment has also empowered the Magistrate to pass such protection
orders which will help in coping up with the crime of domestic violence. This act provides for the
appointment of Protection Officers who will assist the victim with respect to her medical
examination, obtaining legal aid services, safe shelter and other effective legal remedies provide.
The Act, 2005 also provide for a remedy under the civil law which is intended to protect the women
from being victims of domestic violence occurring within the family and to prevent the occurrence
of domestic violence in the society. It makes provision for a protection order under Section 18,
residence order under Section 19, monetary relief under Section 20, custody order under Section 21,
compensation under Section 22 and interim relief under Section 23.
Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736- Even before a criminal court
where a case under Section 498-A is pending, if allegation is found genuine, it is always open to the
appellant to ask for reliefs under Sections 18 to 22 of the Domestic Violence Act and interim relief
under Section 23 of the said Act.
CASE LAWS
Inder Raj Malik And Ors. vs Sunita Malik- 1986 CRILJ 1510- The High Court of Delhi had an
occasion to deal with the issue of whether or not a person can be convicted both under Section 4
of the Dowry Prohibition Act, as well as under Section 498A, IPC. The Court was of the opinion that
a person can be convicted both under Section 4 of the Dowry Prohibition Act, 1956 as well as under
Section 498A of IPC, and it will not attract double jeopardy. The Court was of the view that Section
498A, IPC, and Section 4 of Dowry Prohibition Act are both different from each other, because
under Section 4 of Dowry Prohibition Act mere demand of dowry is punishable, whereas, in
Section 498A, an act of cruelty caused to the newly married woman is punishable. Thus, it can be
concluded that a person is liable to be prosecuted under both the provisions of Section 4 of the
Dowry Prohibition Act and Section 498A, IPC.

Sushil Kumar Sharma vs Union of India 2005 (6) SCC 281- The court has addressed the object
behind enacting section 498A was enacted with the objective of overcoming from the curse of
dowry death and other related crimes committed at the matrimonial home, and that it cannot be
used as a device to achieve some ulterior motives.