Introduction
Criminal law is designed to protect individuals and society from harm by penalising offenders. However, in the context of matrimonial disputes, the criminal justice system in India has increasingly been used not only as a means of justice but, at times, as a tool for vengeance or undue pressure. The misuse of provisions such as Section 498A of the Indian Penal Code, which deals with cruelty to women by the husband or his relatives, has triggered widespread debate over the balance between women’s protection and legal abuse.
Understanding Section 498A IPC
Section 498A IPC was introduced in 1983 to safeguard married women from cruelty and harassment by their husbands and in-laws, often related to dowry demands. It is a cognizable, non-bailable, and non-compoundable offence, making it a powerful weapon in the hands of the complainant.
However, the reality has seen a dual narrative:
• ✅ Genuine victims getting timely protection.
- ❌ Innocent families being dragged into long, painful criminal trials.
Data & Judicial Observations
- According to the National Crime Records Bureau (NCRB), thousands of cases are filed under Section 498A every year, but a significant percentage end in acquittals.
- In Sushil Kumar Sharma v. Union of India (2005), the Supreme Court observed:
“The object of Section 498A is prevention of dowry menace. But it may become a weapon rather than a shield if not used properly.”
Common Misuses of Criminal Law in Matrimonial Contexts
1. Filing False FIRs to exert pressure in divorce or alimony proceedings.
2. Roping in distant relatives or in-laws with no real involvement.
3. Misusing Section 406 IPC (criminal breach of trust) to recover stridhan in bad faith.
4. Filing multiple cases (498A, Domestic Violence Act, maintenance) to harass the accused.
5. Abusing bail provisions to delay or manipulate proceedings.
Legal Safeguards Against Misuse
Indian courts have taken various proactive steps to prevent such misuse:
Pre-arrest guidelines (Arnesh Kumar v. State of Bihar, 2014)
The Supreme Court mandated that:
• Arrest should not be automatic.
• Police must conduct a preliminary inquiry before arrest.
- Magistrates must ensure due justification for custody.
Family Welfare Committees (FWC) – Rajesh Sharma Case (2017)
• SC recommended that every 498A complaint should first be examined by a Family Welfare Committee.
- However, this direction was later modified in Social Action Forum v. Union of India (2018), as it was seen to dilute the law’s deterrence effect.
Section 41A CrPC Notices
Mandatory notice before arrest in certain cases, giving the accused a chance to respond.
The Need for a Balanced Approach
While it’s undeniable that women face genuine violence and harassment, it is equally important to:
• Protect the innocent from false accusations,
• Ensure that criminal law is not misused for civil reliefs, and
• Maintain judicial integrity and police accountability in matrimonial cases.
Conclusion
Criminal law must be a shield for the oppressed, not a sword for vendetta. Misuse of legal provisions not only undermines the spirit of justice but also erodes public trust in the legal system. The way forward lies in sensitising law enforcement agencies, implementing robust checks and balances, and promoting mediation and counselling in marital conflicts before escalating them into criminal disputes.
