Bail Not Jail: A Plea To Make Section 498A Indian Penal Code Bailable And Compoundable

Garima Raman, BA Economic (Hons.), LLB, LLM

Oliver Wendell Holmes famously remarked in his book, Common Law, the life of the law has not been logic, it has been experience.

Logic and solemn object behind a legislation may not always be a guarantee of its success. On the contrary, in its application, it may even prove to be counterproductive. While logic may serve as an effective tool and instrument in the practice of law, when it comes to the growth of law, beacon light is the experience earned in its actual working. It is the heat and dust of real life and the crucible of investigation, inquiry and trial where the laws are tested.

Section 498A of the Indian Penal Code (IPC), was brought in the statute book by the Criminal Law (Second Amendment) Act, 1983. It was brought in the backdrop to fight the increasing number of dowry deaths, which had become a matter of serious concern. It classified cases of cruelty meted out to a woman by her husband or his relative as a specific offense.