Supreme Court of India has urged Parliament to make necessary changes in the newly enacted Bharatiya Nyaya Sanhita (BNS) (the new code to replace the Indian Penal Code) concerning the misuse of Section 498A IPC.

In a recent development, the Supreme Court of India has urged Parliament to make necessary changes in the newly enacted Bharatiya Nyaya Sanhita (BNS) (the new code to replace the Indian Penal Code) concerning the misuse of Section 498A IPC. This urging came in response to growing concerns about the rampant misuse of the provision related to cruelty by a husband or his relatives towards a wife, which often leads to false implications. The Court specifically pointed to Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), asking the legislature to review and revise them before the law comes into force.

Facts of the Case:

1. Background:

- The case stemmed from complaints under Section 498A IPC where the accused (husband and in-laws) claimed that the provision was being misused to falsely implicate them.

- Section 498A IPC was enacted to protect women from cruelty by their husbands or in-laws, particularly with respect to dowry harassment. However, over the years, there have been multiple instances where this provision has been allegedly misused to settle personal scores or harass the husband’s family.

2. Prosecution's Case:

- The complainant, in this case, accused her husband and his family members of subjecting her to cruelty, and alleged that they were pressuring her for dowry.

- She invoked Section 498A, leading to their arrest and criminal trial.

3. Defense's Argument:

- The defense argued that the accusations were false, and the provision of Section 498A IPC was being used as a tool of harassment rather than justice.

- They further claimed that innocent people were being wrongfully implicated without substantial evidence of cruelty or harassment.

4. Supreme Court’s Attention to Misuse:

- The defense raised concerns about the misuse of Section 498A and urged the Court to recognize how the current framework of the law is leading to unjust arrests and prolonged trials without adequate safeguards for the accused.

Judicial Points in the Judgment:

1. Recognition of Misuse:

- The Supreme Court acknowledged the rampant misuse of Section 498A IPC, highlighting that many complaints under this provision result in false allegations against husbands and in-laws.

- The Court noted that while the provision was initially intended to protect women from genuine cruelty, it is often being weaponized, causing undue hardship to innocent individuals.

2. Urging Reforms in Bharatiya Nyaya Sanhita (BNS):

- The Court urged Parliament to consider amendments to Sections 85 and 86 of the Bharatiya Nyaya Sanhita, which correspond to the old Section 498A IPC in the Indian Penal Code.

- It emphasized that the provisions must be revised to include safeguards that prevent automatic arrests and false implications. The Court suggested that preliminary inquiries should be conducted before arrests are made under the new law.

3. Necessity for a Balanced Approach:

- The Court stressed the need for a balanced approach in addressing domestic violence complaints. While protecting women from genuine cruelty is essential, it is equally important to ensure that innocent individuals are not wrongly implicated or harassed through false complaints.

- The Court reiterated its previous guidance (from earlier judgments) for ensuring that automatic arrests should not occur under Section 498A IPC, and a preliminary inquiry should be made before proceeding with such cases.

4. Recommendations for Parliament:

- The Supreme Court recommended that Parliament introduce stringent checks and safeguards to prevent the misuse of Sections 85 and 86 of the Bharatiya Nyaya Sanhita. This could include steps such as:

- The involvement of mediation or conciliation before any legal action is taken.

- Setting higher thresholds for evidence before arrests are made.

- Introducing penalties for those who file false complaints under the provision to deter misuse.

5. Clarification of Burden of Proof:

- The Court emphasized that the burden of proof lies with the complainant to establish that genuine cruelty occurred. Mere allegations, without sufficient proof or linkage to specific acts of cruelty or harassment, should not be sufficient to warrant criminal charges under Section 85 or 86 BNS.

Conclusion:

The Supreme Court of India in this judgment has raised serious concerns about the misuse of Section 498A IPC and its corresponding provisions in the Bharatiya Nyaya Sanhita (Sections 85 and 86). The Court has urged Parliament to review and introduce safeguards that prevent false allegations and unnecessary arrests, while still maintaining the ability to protect women from genuine cruelty. The judgment reflects a delicate balance between protecting the rights of victims of domestic violence and preventing the misuse of legal provisions by individuals seeking to harass or falsely implicate others.