Effectiveness Of Legal Provisions In Curbing Misuse Of Section 498a IPC
- IJLLR Journal
- May 22
- 1 min read
Dr Rohit Survase, Asst. Professor at New Law College, Bharati Vidyapeeth (Deemed to be) University, Pune.
Utpal Gharde, LLM, New Law College, Bharati Vidyapeeth (Deemed to be) University, Pune. LLB (ILS Law College), M.Tech. IIT
ABSTRACT
This article examines the effectiveness of legal provisions in addressing the misuse of Section 498A of the Indian Penal Code (IPC), which was enacted to protect married women from cruelty and harassment. Although it is well- intentioned, this provision has sparked concerns about misuse, leading to false accusations and wrongful arrests. Drawing upon a comprehensive literature review, analysis of judicial guidelines, legislative amendments, and empirical data, this study investigates the impact of legal safeguards on curbing misuse. Findings suggest that while measures such as judicial guidelines and legislative amendments have been introduced to prevent arbitrary arrests and ensure due process, challenges remain in their implementation. Stakeholder perspectives from legal experts, police officers, and affected individuals provide valuable insights into the complexities surrounding the issue. The article concludes with recommendations for further reforms and improvements to enhance the effectiveness of legal provisions in addressing the misuse of Section 498A IPC while safeguarding the rights of all stakeholders involved in cases of domestic violence.
Keywords: Section 498A IPC, legal provisions, domestic violence, judicial guidelines, legislative amendments, false accusations, wrongful arrests
