SANDIP UNIVERSITY, NASIK

ASSIGNMENT ON

COMPARATIVE PUBLIC LAW

TOPIC: A CRITICAL STUDY ON MISUSE OF SECTION 498A OF INDIAN PENAL

CODE

SUBMITTED BY SUBMITTED TO

JINAL M SHAH PROF. PRAFULLA LELE

1st Semester

LLM – Corporate and Commercial Law (1

year)

(Code: CIA 4)
TABLE OF CONTENTS

ABSTRACT 3
INTRODUCTION 4
SECTION 498A IN THE INDIAN PENAL CODE 4
RESEARCH QUESTION 5
OBJECTIVES 5
HYPOTHESIS NULL HYPOTHESIS 5
ALTERNATIVE HYPOTHESIS 5
MATERIAL & METHOD 5
RESULT OF THE STUDY 5
REVIEW OF LITERATURE 6
SECTION 498A OF INDIAN PENAL CODE, 1860 10
Section 113A in the Indian Evidence Act, 1872 10
Meaning of Cruelty 10
Constitutional Validity of the Section 11
USE AND MISUSE OF THIS SECTION 13
Misuse of this Section in Modern World 14
CONCLUSION 16
 ABSTRACT

India could be a nation wherever Rites and customs have competed a important role of the
society. During which dowry remained one amongst the practices prevail in our society from
long amount. Initially, this was treated as a blessing however it took an unpleasant flip and
grow into a curse for the society as a consequence of the females fell prey of the wealth of
their husbands and his family. Moreover, this converted into a reason for annoying the
females and causing mental in adding as physical cruelty. Thus, for the protection of girls,
the Government of India inserted Section 498A underneath IPC by the change Act 1983.
However, within the recent state of affairs, there square measure cases seen wherever
female misuse Sec 498A of IPC and legal Provision of dowry Prohibition Act etc. By filing case
against her husband and her in-laws and find the benefits of the support payment and
different remuneration. This section has created biggest downside in a very current state of
affairs for men as being discriminated and such laws are being victimized by female and
there's a want of amendments in section 498A so on defend men and for effortful females
abusing identical. Misappropriation of dowry laws is not a new wonder and the courts of
India is absolutely accountable for the mounting misappropriation of dowry law and the
result is exploitation of innocent males in the process. In many cases, men have even
committed suicide, when their wives have harassed them to approach police or court, to
send them behind jail, for no reason.
 INTRODUCTION

India has additionally been a rustic wherever customs and rituals are not solely followed
however praised. dower was one among them that were follow in our society since an
ancient amount. Dowry is a quantity of property or cash brought by a bride to her husband
on their wedding. dower given during a wedding is for the security of the female offspring
and it thinks like blessings for her. It's seen that the husband and his families were harassing
wife for dower, and torture her to want cash from her paternal family. After seeing this
exercise Central government has made a law to protect the females from harsh
consequences of dowry. dower Prohibition Act 1961 was launched to protect female and
additionally Section 498 A of Indian penal code 1860 came into force to shield the bride
from her husband and their in-laws. Section 498A of IPC is consistent for the protection of
females. However, during a recent situation, it had been seen that these legislation has
become a curse to men within the society. The female were started exploiting these laws for
his or her benefit. The query arises that Dower Prohibition Act of 1961 is for protection or
for the benefit of females and Section 498A is consistent within the society. Men`s were
started exploiting by their female. once the study of this situation observed that, there's no
such law to shield the boys from exploitation.

SECTION 498A IN THE INDIAN PENAL CODE

Husband or family of spouse of a female subjecting her to cruelty. Whoever, being the
spouse or the relative of the partner of a female, subjects such female to cruelty shall be
penalized with custody for a term till three years and also fine must be imposed.
Explanation. For the purpose of this section, cruelty means:

(a). Any wilful 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.
 RESEARCH QUESTION

1. Whether this section 498A is misused by female?

2. Whether the misuse is over shading the actual cruelty?

OBJECTIVES

• To understand the section 498A

• To address the issues of misuse

HYPOTHESIS NULL HYPOTHESIS

Section 498A of Indian penal code, 1860 is not misused against Husband and his relatives

ALTERNATIVE HYPOTHESIS

Section 498A of Indian penal code, 1860 is misused against Husband and his relatives.

MATERIAL & METHOD

Method used is Doctrinal Method. Material are used mainly primary resources referred like
books, journals, articles and e-sources.

RESULT OF THE STUDY

Modern female is stated to misuse the section 498A of the Indian Penal Code, 1860
 REVIEW OF LITERATURE

The section 498A of the IPC related to criminal law in which the female/wife and her
relatives can charge against her spouse and family for corporeal and psychological cruelty.
This law is unique in our country as it not only distinguishes based on sex and this section is
for almost females of any age. The Section 498A has been targeted by various male rights
campaigners. They claim that females are exploiting the law, misappropriation is replicated
in the low prosecution rate as compare to high arrest rate. They have succeeded in
manipulating numerous organizations of the state, which has now caused in the
comprehensive dilution of law. Now it is a known fact that mere low conviction rate does
not mean law is being misappropriated. Higher acquittals might also consequence from
insufficient investigation, the benefit of doubt given to the suspect or bias against female
retrieving the law.

As in case of any other legislation, 498A too has been prone to misuse, such cases have
been largely anecdotal. Section 498 A is perhaps the most reviled of all laws dealing with
marital disputes, particularly among men’s rights groups who are campaigning so that it can
be scrapped. They often cite its regular misappropriation and hold up court decisions such
as the latest one to legalize their point. Section 498A was enacted to meet dowry deaths. Its
object was to protect woman who is being harassed by her husband or relatives of husband.
The act of harassment would amount to cruelty under this section. Section 498A in true
nature is a wide with deep interpretation. No law is independent interdependence of status
is normal in making clarity of the problem that has arisen. The Supreme Court said false
grievances under this Section 498A of Indian Penal Code against innocent in-laws claiming
cruelty and harassment at marital homes were progressively making the husbands adamant
not to take back their wives. “For no fault, the in-laws, especially old parents of the
husband, are taken to jail the moment a false complaint is filed against them by a woman
under Section 498A”.

The simplest way to harass is to get the husband and his relatives arrested under this
provision. In number of cases, disabled grandparents of the men, sisters living abroad for
decades have got arrested. Cruelty against female within the marriage have posed certain
problems in matters of accusing the suspect and proving guilty. Because, more often female
tolerate their sufferings with silence. Obtaining of independent witnesses is also a tough
task as the violence against the partner is usually inflicted within the house, away from
public gaze. Additional, demand for dowry and harassment of female if they fail to meet the
request, may not continuously be in the way of direct assault on the body of the female. The
violence is generally in subtler and more discreet forms (e.g., mental cruelty), but equally
tortuous, many a times driving the woman to take her own life.
A higher proportion of acquittals is being often put as an evidence to put forward that
Section 498A of Indian Penal Code has endlessly misused. This point seems to give emphasis
on interpersonal violence, and overlooking the various subliminal issues governing the day
to day lives of female, such as the diverse forms of violence and role of gendered state
institutions in conceptualizing and implementing law. Considers the complexities of law
enforcement this paper from the survivors' viewpoint to examine the dynamics of the
creation of a new insight regarding the misuse of Section 498A. Section 498A which deals
with the punishment of the husband and his relatives if a married female is subjected to
cruelty which is likely to drive a woman to commit suicide or cause serious physical or
mental injury to her, and harassment with a view to forcing her or any of her relatives to
meet any illegitimate demands of property. The offence is cognizable, non-bailable and non-
compoundable. That the crime committed under Section is considered to be very serious
and the suspect has to face severe legal consequences. India has also been a country where
customs and rituals are not only followed but praised. Dowry was one of it which were
practice in our culture since an ancient time. Dowry is an amount of property or money
brought by a bride to her husband on their marriage. Dowry given in marriage is for security
of daughter and it is like blessing for her. It is seen that the husband and their families were
harassing bride for dowry and torture her to take money from her parental house.

The Supreme Court do not shy away after observing that a large amount of cases has come
to light where the grievances u/s 498A IPC are not real but meanwhile it is for the
parliament to enact, until it did not develop mechanism to tackle frivolous grievances under
section 498A, the court of law would have to endure to function within the set limits of law.
The Judicial trend prominent the extensive misuse of Section 498A. As has been held in
Sushil Kumar Sharma’s case and many others, in case of misuse, the action’ and not the
section’ must be struck down. The court of law, using inherent powers under section 482
CrPC have timely quashed frivolous complaints filed under section 498A IPC. The Supreme
Court’s pronouncement in 2014 ruling out of automatic arrests in Sec 498A cases, the
Supreme Court has after again issued significant instructions in dealing by cases listed under
Sec 498-A of the IPC. The Supreme Court now heading for that family welfare groups be
established by District Legal Services Authority. Committee will look into all such cases
under Sec 498-A and submit a report in one month. Court also said that no detentions
should be made before the committee submit the report. The court stated that these rules
not to apply to offences linking physical injuries or death. As courts in the recent past
recognized the misappropriation of Sec 498A, we need look at the number of cases
recorded under this section and the conviction rate.

The increasing number of fabricated cases of Dowry against the men is now become so
serious that Government is proposing to amend Sec 498A to make the offence as
‘compoundable.’ It may also be necessary to make it ‘bailable’. There is no disowning of the
fact that female require superior protection in enjoying the human rights being prescribed
as integral part of Fundamental Rights guaranteed in the Constitution of India. Section 498A
was inserted in the1983 in the Indian Penal Code, 1860 to prevent dowry deaths. It intended
at punishing cruelty at hands of the man or his family against the wife, predominantly when
such cruelty had likely to effect in suicide or murder of a female. Section defining cruelty
covers conduct which may drive female to commit suicide or cause grave injury
(mental/physical) or danger to life or harassment with a view to coerce her to meet
unlawful demands of dowry.

There is no need to amend Section 498A of IPC which is being purportedly distorted to
harass men and their relations. Social activists who see a sexual category prejudice in this
specific section of the IPC have been seeking an amendment to protect men and their
families from being unduly harassed by spouses. The focus should be to prevent of
misappropriation of laws guarding specific rights, as there have been instances of
misappropriation of several other laws also. A social organization called Harassed Husbands
Association had been set up in Bengaluru to protect the interests of harassed husbands.

The Indian Penal Code, 1860, Section 498A, keeps a check on the acts of cruelty instigated to
married female by their greedy spouses and families, which is either likely to result in their
death, grave injury or danger to life, health, etc, or cause harassment with a view to force
them to meet their unconscionable and unlawful demands. Although this provision was
enacted to safeguard and protect the interests of married female, but there has been a
growing tendency amongst them to misuse this provision by filing false cases against their
innocent husbands and families including parents of advanced age, minor children, siblings,
grandparents, etc, and thereby, causing them harassment and even arrest without any
verifiable evidence of physical or mental injury. Such fabricated cases and accusations may
also obstruct the likelihood of reconciliation between the married couple.

Cruelty by spouse or his families, under Section 498A of Indian Penal Code, makes up the
main chunk of all misconducts against female. The charge, levelled by a spouse against her
in-laws in dowry harassment cases, accounts for more than 30 percent of all crimes against
female. The crime, has the lowest conviction rate. According to the latest data on crimes,
released by the National Crime Records Bureau (NCRB), in 2016 more than 3.3 lakh cases
were registered of crimes against female. Of these, 1.1 lakh cases related to Cruelty by
husband or his ‘relatives’. Cases under Section 498A was found to have the lowest
conviction rate-merely 12.1 per cent-among all cases of crimes against female.

One of the instructions of court is to set up in each district a Family Welfare Committees,
which will comprise of three members. These can be social workers/ wives of working
officers/ paralegal volunteers/ retired persons/ other citizens who may be found
appropriate and enthusiastic. The idea, the order reads, is to involve civil society in the aid
of administration of justice‖, apart from sensitization of investigating officers (IO) and trial
courts.

The Sections 498A and 304B of the Indian Penal Code (IPC) as well as the Protection of
Female Against Domestic Violence Act, 2005, are three closely- related legal and judicial
provisions designed to safeguard the interests of married female in India. They are very
significant considering the large numbers of female that suffer domestic violence-physical,
sexual, verbal, emotional, mental, et al–at the hands of their husband or the marital family.
Whereas these laws deal with all forms of cruelty meted out by the husband or any of his
relatives, quite notably, certain clauses of Section 498A also protect female in live-in
relationships. In the past three decades, the provision has worked towards achieving its
objective by giving the married female an instrument in their hands for their protection. If
we see at the other side of Section, it would be said that this has given uncontrolled power
to the hands of the married female which is sometimes being misused. The Section is a
finest sword in the sense it gives the power to married female to get the husband and his
relatives behind the bars for any trivial issues which arise between them. Since this case is
cognizable on the complaint being made by the victim, the married female can get any
relative of the husband sent to jail just by mentioning his or her name in the complaint to
the police. The number of cases which are being filed each year under section 498A has
considerably gone up but the conviction rate is very less as compared to the cases being
filed.
 SECTION 498A OF INDIAN PENAL CODE, 1860

Section 498A in the Indian Penal Code

“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 to three years and shall also be
liable to fine. Explanation. For the purpose of this section, cruelty means -

(a). any wilful 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.”

The section was enacted to combat threat of dowry deaths. It had been announced within
the code of Amendment of Criminal Law Act, 1983. By identical section 113-A of the Indian
Evidence Act by lifting presumption concerning instigation of suicide by female. the most
objective of section 498A of I.P.C is to guard a girl World Health Organization is being
pestered by her husband or relatives of husband.

Section 113A in the Indian Evidence Act, 1872

Presumption as to abetment of suicide by a married woman —When the question is
whether the commission of suicide by a woman had been abetted by her spouse or any
family member of husband and shown that she committed suicide in a period of seven years
from her marriage and that husband or such family member had subjected to cruelty, Court
may presume, in regard to the circumstances of the case, that such suicide had abetted by
her husband or by such family member.

Explanation- For the aim of this section dowry death shall have a similar that means as in
section 304-B of the Indian penal code, 1860. The purpose that section 498A was introduced
in mirrored within the Statement of Things and Details whereas enacting Criminal Law,
1983. It was expressed in that rise of dowry deaths could be a matter of concern. The extent
of the evil has been commented upon by the Joint Committee of the homes to look at the
work of the dowry Prohibition Act, 1961. In a many cases, husband and also the relatives
cruelty that culminate in suicide by or murder of the helpless female involved, that
represent solely a little fraction involving such cruelty. Therefore, it is projected to amend
IPC, the CrPC,1973 proof act fitly to deal effectively not exclusively with cases of dowry
deaths however also cases of cruelty to married female by the husband, in- law’s and
relatives. The professed object is to combat the menace of dowry death and cruelty.

Meaning of Cruelty
Kaliyaperumal vs. State of Tamil Nadu1 it was held that cruelty could be a common essential
in offences beneath each the sections 304B and 498A of IPC. The two sections are not
reciprocally comprehensive however both are distinct offences associated with person’s
guilty underneath section 304B for the crime of dowry death will be guilty for an offence
underneath sec.498A of IPC. That mean of cruelty is given in justification to section 498A.
Section 304B does not contain that means however that means of harassment or cruelty as
given under section 498-A further apply in section 304-B. Beneath section 498- A of IPC
cruelty by itself amounts to associate offence whereas beneath section 304-B the offence is
of gift death and therefore the death should have occurred throughout the course of seven
years of wedding. No such amount is there in section 498-A.

Inder Raj Malik vs. Sunita Malik2 was command that word cruelty is outlined within the
explanation that lay to rest alia says that harassment of a female with a read to her or any
associated persons to fulfill any illegitimate demand for property or valuable security is
cruelty.

Constitutional Validity of the Section

Inder Raj Malik vs. Sunita Malik 3 it was contended that this section is ultra vires Article 14
and Article 20 (2) of the Constitution. There's Dowry Prohibition Act that deals with similar
cases thus, each laws along produce a scenario indifferently called criminal prosecution.
However, metropolis court negatives this rivalry and control that this section doesn't
produce scenario for criminal prosecution. Section 498-A is distinguishable from section 4 of
1 2004 (9) SCC 157; 2004 SCC(Cr) 1417; 2003 AIR(SC) 3828
2 1986 (2) Crimes 435; 1986 (92) CRLJ 1510; 1986 RLR 220
3 lbid
the dowry Prohibition Act as a result of within the latter mere demand of dowry is
punishable and existence of part of cruelty isn't necessary, whereas section 498-A deals with
aggravated variety of the offence. It punishes such demands of property or valuable security
from the partner or her relatives as are including cruelty to her. Thus it may be prosecuted
in respect of the offences punishable section 4 of the Dowry Prohibition Act and this section.
This section offers wide discretion to the courts within the matters of interpretation of the
words occurring within the laws and conjointly in matters of subsidization penalization. This
provision isn't ultra vires. It does not confer quirky powers on courts.

In the leading case of Wazir Chand vs. State of Haryana 4 , involving the death by burning of a
recently better half, the circumstances didn't establish either murder or associate degree
abetted suicide and therefore in-laws at liberty the jaws of section 300 and 306, they were
caught within the recently enacted section for bar of harassment for dowry. To not speak of
the items, they're persistently demanding from the girl`s facet, the actual fact that an
outsized variety of articles were taken by her father once her death from her marital abode
showed that there was pressure being exerted on-in laws and continuing to be exerted until
death for extra money and articles. With improvement in education, monetary security and
also the new found liberation the novel feminist has created Section 498A a weapon in her
hands. Many another unfortunate husbands and in laws became victims of their revengeful
daughter-in-laws. Most cases wherever Sec 498A is invoked end up to be false (as
repeatedly accepted by High Courts and Supreme Court in India) as they're mere blackmail
makes an attempt by the woman (or her shut relatives) once moon-faced with a strained
wedding. In most cases 498A grievance is followed by the demand of big quantity of cash
(extortion) to settle the case out of the court.

4 1989 SCC(Cr) 105; 1989 (1) SCC 244; 1989 AIR(SC) 378; 1989 (1) Crimes 173; 1989
(95) CRLJ 809
 USE AND MISUSE OF THIS SECTION

Indian Courts had been exploitation this provision to safeguard the female from facing the
cruelty faced by them at their married home. 9 out of 10 of the cases area unit repeatedly
relating gift, whereby the female is endlessly susceptible for wish of more property and cash
that if leftovers unrealized, the better half is tortured, threatened, abused- each physically
and verbally and troubled. Like within the case of Ram Krishan Jain & Ors v State of Madhya
Pradesh5 thanks to insufficiency of gift demands the girl was administered calm pose tablets
and thenceforth she cut arteries of each of her hands. Sometimes, gift might not be the
cause however the girl for many reasons like her complexion or family standing is tortured
to death.

In the Surajmal Banthia & Anr. v. State of West Bengal 6, the deceased was slapped and
tortured for many days and even not given food many times. Her father and in-law relative
misbehaved along with her. this can be the treatment that many young brides face once
they move out of their parents’ home and into the house of her in-laws. it's the duty of the
court to stop any of those abusers from escaping. The growing rate of spouse burning for
wish of gift and brutal torture on young wives, at side of a transparent escape of offender
may be a clear indication that the court has not taken any robust measures for the
implementation of S. 498A IPC properly. As explicit earlier many times this victim turns into
the offender and is clearly not wronged however instead wrongs the husband and his family
5 (2000) DMC 628
6 (2003) DMC 546 (DB)
for no fault of theirs. many cases show that the better half takes advantage of the section
and sends the respondents to jail below the compass of this section.

Many female rights teams justify the abuse of this section as being a typical feature with all
other laws which additionally the quantitative relation of false cases to it of true ones as
being terribly low. However, this does not change the reality that there is slowly an increase
in the abuse of S.498A IPC. In several judgments, the court has not thought-about mental
cruelty caused to the girl however has concentrated solely on any sign of physical cruelty. If
proof doesn't show that the girl was physically troubled, then the court doesn't investigate
the case. What the court will is decision the female oversensitive or low tolerance level and
having an unbalanced mind. Also S. 498A, IPC does not solely upset gift deaths however
additionally any conduct on a part of the husband that causes damage to the spouse’s life,
limb or health (mental or physical). To prove that cruelty was caused below rationalization
a) of S.498A IPC it's not necessary to indicate or place forth that the girl was crushed up-
abusing her verbally, denying her legal right or maybe not chatting with her properly would
represent the compass of mental cruelty. Showing any mercy to abusers or giving them the
benefit of doubt once some proof to torture at their hands is gift is totally wrong.

In the case of Bomma Ilaiah v State of AP7, the husband of the litigator tortured the girl
physically by forcing his partner to possess sexuality with him. He inserted fingers and a stick
in her duct, perpetrating severe pains and injury however the court found the husband of
this Woman guilty solely below S. 325 IPC and not S. 498A IPC. Her life was physically and
Mentally in danger. The court has in another case not chastened the guilty below S.498A IPC
even if medical Reports clearly showed that the death was cutthroat by strangling. This was
just because According to the court, even if there have been gift demands within the past,
the court felt that Proximity of the death to be caused thanks to such a requirement was
unlikely. World Health Organization decides this Proximity. The cause and its result on the
woman`s health or life is also profound and even cause her mental unrest at a later stage.
While on the readily available, female`s freeing is that the want of the hour and hindrance
of ever increasing gift deaths and harassment must be stopped, it's additionally clearly
noticed that girls nowadays area unit still tortured and infrequently the court, being the last
word savior additionally doesn't come back to the rescue to shield these female.

Misuse of this Section in Modern World

A violation of this section, its goals and its aims is on the increase with the lady frivolously
creating false allegations against their husbands with the aim of obtaining eliminate them or
just pain the family. The abuse of this section is chop-chop increasing and therefore the
female usually well-educated apprehend that this section is each cognoscible and non-
bailable and impromptu works on the complaint of the female and putting the individual

7 (2003) DMC 287

behind bars. Like in the case of Savitri Devi v Ramesh Chand & Ors8, court control clearly that
there was a misappropriation related exploitation of the necessities to such an degree that
it unconditionally was touching at the stimulation of marriage itself and recognized to be
not therefore smart for health of the world at large. The court believed that authorities and
lawmakers had to review the case and legal provisions to stop such from taking place.

This section was created keeping in mind protection of the married person from
unscrupulous husbands however is clearly misused by few female and once more this can
be strictly condemned in Saritha v R. Ramachandran9 where the court did notice that the
reverse trend and asked the law Commission and Parliament to create the offence a non-
cognizable and bailable one. It's been a prerequisite of the court to condemn offences and
shield the victim however what happens once the victim turns into abuser. What remedy
will the husband have here? On this ground, the lady gets to divorce from her husband and
remarry or even get cash within the form of compensation.

Many female rights teams go against the thought of constructing the offence a non-
cognizable and bailable one thinking that this offers the suspect an opportunity to flee
conviction. However, what this could do is that it had provides a chance to the individual
and especially enable meet the ends of justice. Justice should shield the feebler and make
sure that the wronged is given an opportunity to send back his/her due. When female
accuse their husbands below S.498A IPC by creating the offence non-bailable and
cognizable, if the person is innocent he doesn't get an opportunity quickly to urge justice
and justice delayed is justice denied. Therefore, the lawmakers should recommend how of
constructing this section non-biased to somebody specified the guilty is punished and
therefore the person wronged is given justice. The position of the female in Bharat
continues to be dangerous. They still want rights to alleviate themselves in society however
many a times fail to note others rights as long as their rights area unit ensured. The
educated female of these days should believe in equality and demand continuous however
the trend is slowly obtaining reversed. Female area unit taking due advantage of the actual
fact that remarked because the weaker sex and on the inspiration of rights ensured to them
are violating others rights.

8 (2003) DMC 328

9 (2003) DMC 37 (DB)
 CONCLUSION

This Section solely provides for the remedy to lady solely and recently it's being employed as
a by the lady. It's an extremely debatable issue recently, if this downside isn't resolved by
legislation it's going to become an affliction for the society. People’s trust over the judiciary
can return to associate finish. thus it’s time that this Section be amended and a few changes
like mentioned higher than ought to be remarked during this law.

Dowry was a tradition that was started in associate degree ancient amount. It has followed
since past. Afterwards, the follow of dowry has stopped by enacted law by the central
government in India. It's started making downside in daughter`s marriage life. Therefore,
the law was created to guard female from their marital status house as there was associate
degree absence of knowledge in female and thanks to sick literate the female was just
suffers the pains from their marital status house. Section 498A and dowry prohibition act
was there to assist and safeguard female. later on female were started learning and they
additionally educated. They knew the laws and learn that the way to use that laws against
their men for permanent support payment and maintenance.
The females were framing a false charge below sec 498A IPC and create her husband ought
to be penalized under the law. the boys haven't any laws to guard him against the
exploitation from female. In a very case of District Court furthermore seen that there's a
misappropriation of section 498A IPC. The cases were still unfinished and also the husbands
square measure paying maintenance to their partner simply because he's husband doesn`t
mean that he is to blame for all the expenses and gains. The female has become a scammer
as comparison to men in society. They use section as a weapon to get some cash from it. Sec
498A is ill-treated by partner to their husband it's verified. so I conclude, its reality. Section
498A IPC is misuse by the female to husbands and in-laws. It's completed and already done
with the results. It's reviewed that Sec-498A offers harassment to males within the society
folks were reach agreement and it's to be an amendment. it had been seen that this section
was keen on men. it's correct that section 498A protect female however currently it's
misuse by partner to their husband and in- laws. This instance gets terribly unnatural impact
to the society. Misuse of Section 498A IPC isn't a rumor it's proved.