Misuse of Section 498A, Indian Penal Code, 1860

  • Mayank Mani
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  • Mayank Mani

    LLM Student at School of Law, Humanities and Social Sciences, Rashtriya Raksha University, Gujarat, India

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"Marriage is a sacred union in which a man and woman agree to look after each other; nevertheless, in India, there is a custom known as "Dowry," which includes everything from cash to expensive items or property given to the husband by the bride's family at the time of marriage. It is for the most part considered as a "blessing" by individuals giving and requesting it nonetheless, it is definitely not that. It is a social evil which regularly prompts numerous deaths or suicides of women or their families and that is the reason to shield them from any damage or abuse, the Government has sanctioned few provisions. One is Section 498-A of the Indian Penal Code, 1860, which deals with or states about cruelty against women perpetrated by her husband or his relatives, and the other is the Dowry Prohibition Act, 1961, which makes taking dowry a criminal offence. However, the original goal for which it was passed appears to have been shattered in recent years, as the clauses intended to protect women are now being used by them to avoid retaliation from their spouses or family members and to freely humiliate them. The misuse of section 498A of the IPC is discussed in this study. There have been numerous instances where a woman has filed a complaint with the goal of harassing her husband and in-laws. Despite the fact that the spouse and his family members are acquitted in such trials, they suffer from severe mental and financial suffering. The presence of the media tarnishes the accused's reputation even more. Misuse of 498A has been referred to as legal terrorism by Indian courts.”


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 598 - 606

DOI: https://doij.org/10.10000/IJLSI.11957

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