Judicial Reforms and Misuse of Section 498A
The Supreme Court of India's ruling in Shivangi Bansal vs Sahib Bansal (2025) endorsed guidelines by the Allahabad High Court to prevent misuse of Section 498A of the IPC, now Section 85 of the Bharatiya Nyaya Sanhita.
'Cooling Period' and Family Welfare Committee (FWC)
- The High Court introduced a two-month ‘cooling period’ for coercive action after an FIR or complaint registration.
- During this period, the case is referred to a Family Welfare Committee (FWC).
- This measure is criticized for undermining victims' rights to prompt justice and affecting the autonomy of criminal justice agencies.
Objective of Section 498A
- Section 498A was enacted to punish various forms of cruelty against women in matrimonial settings.
- However, courts have noted instances of misuse, leading to procedural safeguards for protecting the accused.
Judicial Measures and Reforms
- The Supreme Court, in Lalita Kumari, categorized matrimonial disputes for 'preliminary inquiry' before FIR registration.
- Reforms include the 2008 amendment introducing the ‘principle of necessity’ and the Arnesh Kumar (2014) ruling on arrest protocols.
- The Satender Kumar Antil (2022) ruling further directed bail for non-compliance with these protocols.
Statistics and Impact
- According to NCRB data, Section 498A was among the top five offences for arrests until 2016, later remaining in the top 10.
- Despite an increase in registered offences from 1,13,403 in 2015 to 1,40,019 in 2022, arrests declined from 1,87,067 to 1,45,095 during the same period.
Criticism of Judicial Interventions
- The proposal of a quasi-judicial committee and a cooling period faces criticism due to a lack of statutory authority and jurisdictional clarity.
- The Supreme Court's similar directions in Rajesh Sharma (2017) faced backlash and were rolled back in Social Action Forum for Manav Adhikar (2018).
Conclusion
The Supreme Court is urged to revisit these steps as legislative and judicial measures already address the misuse of the law and abuse of power, ensuring justice while protecting the rights of the accused.
