Misuse Of The Section 498A IPC: Unveil The Reasons Behind The Misuse And Suggest Suitable Measures

Abhishek Singha Roy, LL.B., Kingston Law College, Kolkata

Prithwish Ganguli, Advocate & Guest Faculty at Heritage Law College, Kolkata

ABSTRACT

To tackle with the issue of domestic violence against women in India, section 498A of IPC was introduced in the Indian legal system. But after coming into force, it has become a topic for debate whether this law is actually serving the one’s in need or is it just being used as a tool for seeking vengeance with malicious purposes against the husband or in-laws or both.

The Legal justice system is there to act as a watchful protector towards all its citizens and not become the arms of an attacker. As it is the guardian of the fundamental rights of men and women alike.

We will understand why the supreme court has referred the misuse of section 498A as legal terrorism and how the courts have taken initiatives to bring certain procedural changes to ensure that no innocent person, who has been falsely accused, suffers from the misuse of this law. But at the same time it aims at providing justice to genuine victims of domestic violence.

In this paper we will delve deeper into the insights of this law, its provisions, its misuse and the essential remedies to fight against its misuse.

Keywords: Domestic Violence, 498A, Misuse of Law, Legal Loopholes, Gender Biased Laws