Supreme Court Upholds Section 498A IPC, Emphasizes Its Crucial Role in Combating Domestic Cruelty
By Radha Jha

Supreme Court Upholds Section 498A IPC, Emphasizes Its Crucial Role in Combating Domestic Cruelty

The Supreme Court has ruled that Section 498A of the Indian Penal Code (now Section 84 of the Bharatiya Nyaya Sanhita, 2023), which criminalizes cruelty by a husband or his relatives towards a woman, is constitutionally valid. Dismissing a Public Interest Litigation (PIL) that sought to declare the provision unconstitutional due to alleged misuse, the Court observed that a few instances of abuse cannot be grounds to discard a law that serves a vital role in protecting women from domestic violence.

The PIL, filed by the organization ‘Janshruthi (People’s Voice)’, argued that the law was frequently misused, lacked safeguards, and violated Article 14 of the Constitution. The petitioner also requested the Court to direct that all complaints under Section 498A must undergo preliminary scrutiny before FIRs are filed, and that legal provisions be made to prevent false accusations.

However, the bench noted that misuse, if any, does not warrant striking down the provision. On the contrary, the Court emphasized that for every case of potential abuse, there are hundreds of genuine cases where women suffer serious cruelty in silence. The Court acknowledged the deep-rooted presence of the dowry system in Indian society and said it remains a significant issue, with many affected women not speaking up or seeking help.

The Court also reiterated that Article 15 of the Constitution permits the state to create special provisions for women and children, and such gender-based protective laws are neither discriminatory nor unconstitutional.

By rejecting the plea, the Supreme Court reinforced the importance of Section 498A as a crucial legal safeguard while making it clear that the law’s purpose outweighs the occasional misuse. It underscored the state’s responsibility to ensure justice for victims of domestic cruelty and preserve the intent behind protective legislation.

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  • April 25, 2025

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