Section 498A in The Indian Penal Code

[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.]

Section 320 in The Code Of Criminal Procedure, 1973

320. Compounding of offences.

The offences punishable under the sections of the Indian Penal (45 of 1860 ) Code
specified in the first two columns of the Table next following may, with the permission of
the Court before which any prosecution for such offence is pending,

Compoundable offences are those that can be compromised,

i.e. the complainant can agree to take back the charges levied against the accused, whereas,

Non - compoundable offences are the more serious offences in which the parties cannot
compromise.

However, such a compromise should be a 'bona-fide' and not for any consideration to which
the complainant is not entitled.

In the case ‘B.S. Joshi v State of Haryana”, Supreme Court held that

“in a situation of proceedings on the basis of non-compoundable offences like Section 498-A
and 406, the High Court could quash them under Section 482 CrPC”.

”…Everyday, we have a minimum of 10 petitions/applications seeking quashing of

Section 498A by consent, since 498A is non-compoundable. Concerned parties, have
to come personally before the Court from wherever they are residing, including from
villages, thus incurring tremendous hardships for the parties concerned, apart from
travelling expenses, litigation expenses and staying expenses in the city. Parties, if
working, are required to take a day off, ” the bench noted adding this would also save
the court’s time.
Conversely, offences listed as compoundable can be quashed before the nearest local
court before whom the matter is pending. ”The importance of making the Section
498A compoundable with the permission of the Court, can hardly be
overlooked/understated,” the bench added.
Advocate General informed the bench that a bill to amend the section 320 (2) of the
CrPC, making section 498- A of the IPC compoundable, was passed in both houses of
the Maharashtra Government in 2018 and sent to the Union for the President’s assent.
However, the file continues to remain pending with the Union following an objection
from the Union Ministry of Women and Child Development.
”Considering what is stated above, we direct the Registry to forward a copy of this
order to the learned Additional Solicitor General, for taking necessary steps/action
and to enable him to take up the issue before the concerned Ministry, at the earliest,”
the bench observed.
Apart from that, numerous Law Commission reports namely, 243rd Report, 154th
Report, and 237th Report also make clear recommendations for making section 498-A
of the IPC a compoundable offence. The bench noted that the section has been made
compoundable in Andhra Pradesh in 2003.
According to the National Crime Records Bureau (`NCRB’) 2020 report,
a total of 1,11,549 cases were registered under 498A in 2020.
Fourteen percent cases were closed by police, 96,497 men, 23,809 women were
arrested,
merely 18,967 cases were tried in courts of which 14,340 led to acquittal and 3,425
led to conviction. Pendency of 498-A cases in that year was 6,51,404 – 96.2%, the
bench noted in its order.

Preeti Gupta Vs. State of Jharkhand decided in 2010, the Supreme Court observed that a
serious relook of the provision is warranted by the Legislature.

The Court said:

"It is a matter of common knowledge that exaggerated versions of the incidents are reflected
in a large number of complaints.”

“by misuse of the provision, a new legal terrorism can be unleashed".

Justice Malimath Committee's report on Reforms of Criminal Justice System) are:

“The harsh law, far from helping the genuine victimized women, has become a source of
blackmail and harassment of husbands and others. Once a complaint (FIR) is lodged with the
Police under s.498A/406 IPC, it becomes an easy tool in the hands of the Police to arrest or
threaten to arrest the husband and other relatives named in the FIR without even considering
the intrinsic worth of the allegations and making a preliminary investigation. When the
members of a family are arrested and sent to jail, with no immediate prospect of bail, the
chances of amicable re-conciliation or salvaging the marriage, will be lost once and for all.”

The Supreme Court, in the case of

Ram Gopal vs State of MP . in SLP (Crl.) No. 6494 of 2010

It was observed that the offence under S, 498-A should be made compoundable. However,
there is sharp divergence of views on the point whether it should be made a bailable offence.
It is pleaded by some that the offence should be made bailable at least with regard to
husband's relations and in respect of the cases failing under second part of the Explanation
Clause (b) to S.498A.

# Every 5th case registered is “cruelty by husband.” Which is 2nd highest.

Conviction is lowest among all.

Although it can be problem for poor person who cannot afford financially.

Large no of anticipatory bails granted in 498A.

Women cell has been created but the mediators has become party to negotiation.

154th Report Approved by Parliamentary Standing Committee on Home Affairs (2005)

 A chance to estranged spouses to come together and make 498A compoundable.

128th Report

J Malimath

 The section neither helps the wife or husband.

Suresh Rathi v/s State of Maharashtra (1992) Cri. L. J 2106

 Strong Suggestion to amend S.320 of CrPC in order to include 498A.

The object of 498A is becoming counterproductive.

If compromise arrived by both sides, little scope for conviction or life of victim, in what way
social good is achieved. Sensitivity cannot be ignored.

Arnesh kumar Guidelines

Not to automatically arrest when a case is registered.

Checklist for police officials before arresting.

Nyayadhar – Women Advocate

S.498A – helpful instrument in the hand has become valueless

For: -

1. Reducing burden on legal system.

2. Promoting Family Harmony.
3. Reducing misuse and False accusation.