Section 498A IPC — Matrimonial Cruelty
/ˈsɛkʃən ˈfɔːr naɪnti eɪ/
Criminal Law Provision
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Definition
Section 498A of the Indian Penal Code (Section 86 of the Bharatiya Nyaya Sanhita, 2023) makes it a criminal offence for a husband or his relatives to subject a married woman to cruelty. 'Cruelty' includes both physical and mental cruelty and any conduct likely to drive a woman to suicide or cause grave injury, and harassment for dowry. It is a cognizable, non-bailable, non-compoundable offence carrying up to 3 years' imprisonment.
Examples
Case Study
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court expressed concern about misuse of Section 498A for false arrest of all family members. It issued mandatory guidelines requiring police to apply their mind before arresting and magistrates to check compliance before authorising remand in 498A cases — preventing automatic arrests of elderly in-laws and distant relatives.
Key Cases
Arnesh Kumar v. State of Bihar
2014(2014) 8 SCC 273
Mandatory guidelines for arrests under Section 498A to prevent misuse. Police cannot mechanically arrest all family members. Magistrates must apply mind before authorising remand. Balanced protection of genuine victims with prevention of misuse.
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