Supreme Court judgement on IPC 498A - IPC 406 - IPC 323
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Important Supreme Court Judgement on IPC 498A – 406 – 323 – Men Do Not Worry
Section 498A of Indian Penal Code
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished 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 willful 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.[i]
MISUSE OF SECTION 498A OF IPC
As per the reports of the National Crime Records Bureau (NCRB), out of 4,66,079 cases that were pending in the start of 2013, only 7,258 were convicted while 38,165 were acquitted and 8,218 were withdrawn. The conviction rate of cases registered under Section 498A IPC was also a staggering low at 15.6%. This provision has been always been in the news with allegations of false complaints and very low conviction rate.[ii]
There are many instances where the woman has filed the complaint with a mala fide intention of causing harassment to her husband and in-laws. In such cases, even though the husband and his relatives get acquitted, they suffer from immense mental and economic distress. The media coverage further hampers the reputation of the accused. According to the Indian Courts, misuse of 498A can be termed as legal terrorism.[iii]
This article would further discuss the Judgments delivered by the Supreme Court on the misuse of Section 498A of Indian Penal Code, 1860….
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