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Analysis Study Research Paper | Law | India | Volume 14 Issue 2, February 2025 | Rating: 5 / 10
The Misuse of Section 498A of the Indian Penal Code (IPC): A Detailed Analysis
Siddhartha Pandit, Vivek Kumar Gupta
Abstract: Section 498A of the Indian Penal Code (IPC), introduced in 1983, was a crucial legislative step to protect women from cruelty and domestic violence within marriage, particularly in cases involving dowry harassment. While this provision has provided legal recourse for many victims, it has also been widely criticized for its misuse. Increasing instances of false allegations under Section 498A, often driven by marital discord or personal vendettas, have led to the harassment of innocent individuals, notably husbands and their families. This paper explores the misuse of Section 498A, examining statistical data, landmark judicial rulings, and the social impact of false cases. Notable cases like Arnesh Kumar v. State of Bihar and Rajesh Sharma &Ors. v. State of Uttar Pradesh underscore judicial efforts to address these concerns by enforcing stricter guidelines for arrests and case scrutiny. The article further discusses the need for legislative reforms, including penalties for false complaints and amendments to make the law more balanced. The paper concludes that while Section 498A remains essential for protecting genuine victims, it requires careful judicial and legislative oversight to prevent its misuse, thereby ensuring justice for all.
Keywords: Section 498A IPC, dowry harassment, misuse of 498A, false allegations, marital cruelty, legal forms, 498A misuse prevention
Edition: Volume 14 Issue 2, February 2025,
Pages: 490 - 491