Response

Women use the Section 498A as a weapon along side the Dowry Act to record a faux grievance if you want to assault their husband.

Section 498A of Indian Penal Code is a provision beneath which a husband, his parents, and family can be booked for subjecting a female to cruelty to meet their unlawful demands (dowry).

Generally, the husband, his parents, and family are proper away arrested without sufficient studies are arrested on non-bailable terms.

Even if the complaint is faux, the accused is presumed to be accountable until he or she proves innocence withinside the court.

The maximum punishment if tested accountable is imprisonment for three years.

The judiciary is aware about the misuse of Section 498A. Supreme Court known as it criminal terrorism.

But even the judiciary is helpless due to remarkable pressures from feminist agencies.

There is a bill pending in Rajya Sabha for alternate to Section 498A.

Justice Malimath, former Chief Justice of Karnataka and Kerala High courts headed a committee which gave its record on whole amendments to Criminal Laws.

This committee advocated that 498A should be made bailable and compoundable.

Listening to the recommendation of the committee Feminist agencies and their contacts internal Amnesty International threatened for agitation on this issue.”

Reference: Section 498A of the Indian Penal Code, 1860.
Case law:
1) Smt. Misri Devi & Ors. vs State on 4 January, 2011

2) State Of Maharashtra vs Rajendra & Ors on 8 July, 2014

3) Arvind Dubey vs State on 27 April, 2009 – – AHG111 – 202100580 – 54 – 49 – 202100199202100426390

LAWAYZ-2023-923