Section 498A- Cruelty Caused By Husband

Section 498A of the Indian Penal Code 1860 deals with Cruelty Caused by the Husband. Which comes under domestic violence or matrimonial Cruelty. Any act of violence or abuse, including mental, physical, and sexual assault, that occurs in a domestic setting, such as a marriage or cohabitation relationship, is referred to as "domestic violence."An additional commonly used name for domestic violence is "intimate partner violence."

CLAT 2025: 10 Free Mock Tests | Legal Maxims | Landmark Judgements | PYQs

CUET BA LLB 2025:  Legal Studies ebook | 5 Free Mock Tests

MH CET LAW 2025: 10 Free Mock Tests | Legal Reasoning Practice Questions

Monthly Legal Current Affairs:  August’24 | July’24 | June’24

This Story also Contains

1. What is Section 498A IPC?
2. The objective of Section 498A of IPC
3. Essentials conditions of Section 498A
4. Meaning of Cruelty under Section 498A
5. Section 498A Punishment
6. Section 498A Amendment
7. Provisions of Complaint Under Section 498A
8. Provisions of Bail under Section 498A
9. Provisions of Appeal under Section 498A
10. Case Laws on Section 498A of IPC
11. Conclusion

Due to the cultural traditions of male dominance, joint families, and dowries, this problem is more common in India than it is in other nations. As a result, these variables increase the likelihood that women will be victims of domestic abuse. Women are frequently abused by both the husband and his family when dowry is expected but is not given, or when the amount given is insufficient.

What is Section 498A IPC?

Section 498A was incorporated into the Indian Penal Code of 1860 by the Criminal Law (Amendment) Act 1983. This clause's purpose is to penalize the husband and any other family members who torture the wife to obtain the dowry and to forbid such behaviour. Before 1983, harassment of a wife by her husband or in-laws was covered by the broad sections of the Indian Penal Code that dealt with assault, injury, grave hurt, and killing. However, the surge in bride-burning instances and other acts of violence against women which primarily targeted young women who had recently tied the knot grabbed everyone's attention. It was determined that the broad provisions of the Indian Penal Code were inadequate to address the heinous crimes perpetrated against women.

Both Section 498A and Section 304B (dowry death) were added to the Indian Penal Code (IPC) in an amendment. A woman who commits suicide or dies suspiciously within seven years of her marriage must have an inquiry performed by executive magistrates, according to a new version of Section 174 of the Criminal Procedure Code. According to a new section 113B of the Evidence Act, it will be assumed that a woman's death was caused by the person who subjected her to cruelty or harassment in connection with a dowry demand if it can be demonstrated that the woman passed away soon after.

The objective of Section 498A of IPC

The objective of section 498A of the Indian Penal Code 1860 is the stop the offences related to domestic violence and cruelty by the husband. This section aims at safeguarding the women who are married from domestic violence and abuse by the husband or his family. The punishment under Section 498A of IPC is three years of prison or Rs. 30000 as a fine or both. Under this section, the word cruelty is defined that it includes harassment and abuse of married women by the husband or his family by asking for unlawful demand of dowry or any property. Also, the cruelty includes mental and physical harm or abuse. The section emphasizes harassment inflicted on a woman for dowry.

Essentials conditions of Section 498A

Section 498A of the Indian Penal Code 1860 deals with cruelty caused by husband on wife for some unlawful demand of property and dowry. The essential conditions given under section 498A of Indian Penal Code 1860 are-

• She must be a married lady. This clause was included to protect spouses and female family members from being mistreated by their husbands or male relatives.

• That woman had to have been subjected to abuse or harassment. One can define "cruelty" as a broad range of behaviours. It is harsh in and of itself to demand a dowry.

• Either the husband's family or the spouse should have shown signs of such vicious persecution, if not both.

Meaning of Cruelty under Section 498A

The deliberate or careless infliction of pain or suffering on another human being or animal is known as cruelty. Cruelty as defined by criminal law can include victimization, torture, punishment, and other cruel acts. It might also refer to "inhumane" treatment of people. Cruelty is when someone willfully hurts another person or does nothing to stop harm from happening. Cruelty is, of course, a very broad term that includes a wide variety of ideas. Cruelty in any form is reprehensible, including emotional, mental, and physical abuse. Section 498A protects against both intentional and inadvertent psychological and physical injury.

Essentials Elements to Constitute Cruelty

• To purposefully irritate a woman to the point of suicide or

• Charges may be brought against someone whose deliberate actions have the potential to seriously hurt a woman.

• Any deliberate action that puts the woman's life, physical health, or emotional well-being in danger,

• Harassing the woman to make her or her family members comply with an illegal demand for any kind of valuable security or property

• Abusive treatment of the woman if she is unable to furnish the dowry.

According to common definitions, harassment and cruelty are defined as causing someone continuous mental suffering by hostile interference or threats. This kind of harassment, which is intended to coerce the wife or her family into giving up valuables or property, is against Section 498A.

In the case of Inder Raj Malik v. Sunita Malik

In this case, the term Cruelty was defined under section 498A includes acts of harassing or abusing a woman to force her to meet any unlawful demand for dowry and property or any valuable thing.

Physical cruelty is defined as causing pain to another person. Physical cruelty encompasses all forms of physical aggression, such as beating, burning, biting, striking, twisting limbs, hitting, strangling, etc. Physical cruelty may usually be detected with the unaided eye.

Mental cruelty includes any type of maltreatment, whether it be verbal or nonverbal, including calling names, yelling, threatening, or intimidating someone. Harmful words and thoughts can cause as much damage as physical aggression. It is more difficult to find evidence of mental brutality than physical assault. Under Section 498A, only the husband and his family members may be held accountable.

Section 498A Punishment

• According to Section 498A of the Indian Penal Code (IPC), anybody who subjected a woman to cruelty faces up to three years in jail and/or a fine. This includes the woman's spouse and any of his relatives.
• The provision was established in 1983 to safeguard married women against abuse by their husbands or family. This clause defines cruelty as any wilful action that might cause serious injury or threat to the woman's life, limb, or health, or lead to her suicide.

Section 498A Amendment

A recent Supreme Court decision on 498A in 2022 mandates precision in charges against the husband's relatives in a cruelty case. Another judgement on Section 498A of the Penal Code of 1860 limits compassion against a mother-in-law who treats her daughter-in-law with cruelty.

Provisions of Complaint Under Section 498A

A married woman who has faced any harassment or abuse whether mental, physical or sexual by her husband or husband's family with the motive to compel her to fulfil any unlawful demand. The victim should straightway report the incident of abuse or harassment to the nearest police station to safeguard herself from any future incident as such. The woman should hire a lawyer and submit the FIR to the police station.

If the woman does not agree to file a complaint any friend or family member of the victim can file a complaint on her behalf at the police station. Also dialing 100 is an option for the victim. The police on receiving the complaint should write it down and start the legal proceedings as soon as possible.

Provisions of Bail under Section 498A

According to the provisions of Bail under section 498A of the Indian Penal Code 1860. Section 498A states that the offences under it are non-compoundable and cognisable. Only the magistrate in such a case has the power to bail after the First Information Report(FIR) has been registered in the police station on the harassment and abuses by the husband and the husband’s family. However, after the popular case of Arnesh Kumar and Rajesh Kumar cases, this provision of bail has been limited by the Hon’ble Supreme Court.

Provisions of Appeal under Section 498A

By submitting an appeal to the appellate court, one can contest a decision or order rendered by a lower court. An appeal of the decision in a lower court case may be filed by any party involved. "The Appellate Court" is the court to which the appeal has been lodged, and "the appellant" is the person who has filed or is pursuing an appeal. A losing party does not always have the option to appeal a court's ruling to a higher court. Such a move may only be filed in those circumstances where an appeal is expressly allowed by law, provided that it can be done in the proper manner and before the required Courts. Additionally, the appeal needs to be filed within a certain amount of time.

It is possible to submit an appeal to a higher court if there are good reasons. Appeals from the lesser magistrate court are heard by the session court. A judgment made by the Sessions Court may be appealed to the High Court and then the Supreme Court. The accused or the wife may pursue an appeal if needed.

Case Laws on Section 498A of IPC

In the case of Arnesh Kumar v. State of Bihar

In the case, the victim filed a complaint against her in-laws for dowry and unlawful demands of Rs. 8 lakh rupees, a car an air conditioner, etc. The husband of the victim on getting to know about the demands sided way with his mother and agreed to marry another woman as the victim was unable to pay the demands. Also, the victim revealed that she was forced to leave her marital house if the demands were not met. On the other hand, her husband sought anticipatory bail from the Supreme Court. Since the offence under section 498A is a cognizable and non-bailable offence. And later the court found out that the woman used to misuse the provisions of section 498A against the husband and his family frequently as an offensive tool rather than a defensive tool. The old sick grandparents of the spouse and his far relatives were falsely accused. Before arresting this clause, the Court has set standards requiring reasonable satisfaction and a thorough inquiry into the validity of the complaint. A detention order cannot be issued by the magistrate arbitrarily or just out of habit. As a result, the Court mandated that a minimal bail be imposed.

In the case of V. Bhagat v. D. Bhagat

According to the SC, the psychological abuse had to be severe enough that the group couldn't be reasonably trusted to spread false information. Respect must be shown while reaching this conclusion for the broader public they move into, the educational level of the group, their financial well-being, and all other relevant facts and circumstances.

Conclusion

This article describes the cruelty caused by a husband against his wife and is mentioned under section 498A of the Indian Penal Code 1860. Any act of physical, mental or sexual harassment or abuse by the husband and the family of the husband leads to cruelty against a woman. Such an act of demand can be for a demand of an unlawful object, any valuable security, or property demanded from the wife. Unfortunately, many women in India still face domestic violence and cruelty for demands of dowry and many have little or no idea of the provisions involved in the law of India and the ways to deal with such an act.