May 6, 2024
Why in news? The Supreme Court has recently asked the union government and the parliament to make necessary changes to the Bharatiya Nyay Sanhita (BNS) with respect to the provision replacing Section 498A of the Indian Penal Code (IPC).
What is Section 498A of the Indian Penal Code (IPC)?
Key Provisions:
Cruelty towards Wife:
Punishment: The punishment for the offense under Section 498A can extend to imprisonment for a term which may extend to three years and shall also be liable to fine.
Exceptions:
Supreme Court Decisions:
The Supreme Court of India has addressed several issues related to Section 498A. Some notable ones include:
Arnesh Kumar vs. State of Bihar (2014): The Supreme Court issued guidelines to prevent the misuse of Section 498A. It directed the police to not make immediate arrests upon the mere filing of a complaint under this section and advised the authorities to first conduct a preliminary investigation to ascertain the veracity of the complaint.
Social Action Forum for Manav Adhikar vs. Union of India (2018): The Supreme Court reiterated the need to prevent misuse of Section 498A and directed the government to constitute family welfare committees in every district to examine complaints under this section before any arrests are made.
These judgments aimed to balance the protection of women from harassment with the prevention of false accusations and misuse of the law.
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