According to Reports of National Crime Record Bureau in 2005, for a total 58,319 cases reported under Section 498 A IPC, a total of 1,27,560 people were arrested, and 6,141 cases were declared false on account of mistake of fact or law. While in 2009 for a total 89,546 cases reported, a total of 1,74,395 people were arrested and 8,352 cases were declared false on account of mistake of fact or law.
In India there are many laws which protect women’s matrimonial rights and liberties and save them from inhumane treatment. “Sec 498 A” IPC makes it clear that any harassment either done by husband or his relatives towards wife , is a criminal act and punishable by law. Let’s check it out what “Sec 498 A” Indian Penal Code says -
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 tothree 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.
Earlier it was directed that once an F.I.R is registered against the Husband or his relatives under Sec 498A IPC, an immediate arrest of the husband or his relative shall be made by the police. There was no scapegoat for the husband or his relative mentioned in F.I.R.
But recent judgment made by Supreme Court made it clear that an immediate arrest is not necessary in case of Sec 498A IPC.
JUDGMENT
Rajesh Sharma and others Vs State of Uttar Pradesh
Following are the points specified by the Supreme Court:
(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.
(b) The Committee members will not be called as witnesses.
(c) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(d) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
Conclusion: Though after so much hue and cry Supreme Court has agreed to review it’s decision passed in Rajesh Sharma and others Vs State of Uttar Pradesh, but after seeing the record presented by National Crime Record Bureau, there is no dilemma that Sec 498 A IPC is being misused extensively and it needs to be stopped by the proper law. The judgment passed by the Supreme Court might have kept women’s right on stake but there is need of strict law to curb the malpractices on the name of Sec 498 A IPC.
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