Bengaluru, December 11, 2024: Lawyers and activists in Bengaluru have raised serious concerns about the misuse of Section 498A of the Indian Penal Code (IPC), following the tragic suicide of a young techie. This case has reignited debates on the alleged exploitation of this provision, which was originally designed to safeguard women from domestic violence and cruelty.
Section 498A, often invoked in marital disputes, has been criticized for being misused to file false complaints against husbands and their families, leading to undue harassment and arrests. Advocates are urging immediate reforms, such as stricter adherence to the Supreme Court’s Arnesh Kumar judgment, which mandates a preliminary inquiry before arrests in such cases. The low conviction rates associated with these cases are frequently cited as indicators of misuse, prompting calls for a balanced approach that protects genuine victims while curbing exploitation of the law.
The case also underscores the need for better mental health support in cases of family conflict and systemic measures to address false allegations. Legal experts are pressing for a reassessment of Section 498A-like provisions in the Bharatiya Nyay Sanhita (BNS), 2023, to ensure fairer implementation that prevents misuse while safeguarding those genuinely in need of protection.
