Indian Penal Code, 1860
Section 498A
repealedHusband or relative of husband of a woman subjecting her to cruelty
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Why this exists
This provision was added to the IPC in 1983 in response to widespread concerns about dowry deaths, domestic violence, and harassment of married women by their husbands and in-laws. It gave police and courts a specific criminal tool to address cruelty within marriage, including conduct likely to drive a woman to suicide or cause grave injury, or harassment aimed at coercing her or her family to meet unlawful demands, most commonly for dowry. The Bharatiya Nyaya Sanhita, 2023 carries forward a similar cruelty offence in Sections 85 and 86, which took effect from 1 July 2024.
How courts read it
The Supreme Court, in cases such as Arnesh Kumar v. State of Bihar (2014), expressed concern about the misuse of Section 498A for automatic arrests and directed police to follow a checklist before arresting an accused, ensuring arrest is not mechanical; courts have consistently held that 'cruelty' under this section requires conduct that is either wilful, likely to drive the woman to suicide or grave injury, or harassment linked to unlawful demands, not merely ordinary marital discord.
Common misconceptions
- Myth: Section 498A only covers physical violence.
Fact: Cruelty under this section includes mental harassment and coercion, such as demands for dowry, and conduct likely to drive a woman to suicide or serious injury, not just physical assault. - Myth: Anyone accused under Section 498A is automatically arrested.
Fact: Following Supreme Court guidance, police must assess necessity before arrest rather than arresting mechanically on a complaint alone.