SECTION 498A IPC - Indian Penal Code - Husband or relative of husband of a woman subjecting her to cruelty

According to the latest National Crime Records Bureau (NCRB) data, released on 29 August, 2022, India saw a total of 4,28,278 instances of crimes against women in 2021 – a 15 percent increase from the previous year.

Of these, 'cruelty by husband' comprised the largest share – almost 32 percent!

This steep rise is unfortunately much steeper in reality, given the fact that most of these cases go drastically underreported.

It’s tragic to know that women are increasingly unsafe in their own homes.

And, it’s more important than ever that women stay alert and in better awareness of their rights.

Section 498A of the Indian Penal Code, 1860 (‘IPC’) is an enabling provision that comes to great rescue of women in domestic distress. It empowers them to take strict action against any instance of cruelty or harassment that gets meted out to them in their matrimonial homes.

It is very important for women to equip themselves with the knowledge of this welfare provision which aims to deal with a stern hand any husband (or his relative) who stoops down to torturous ways in compelling her to meet any demand for dowry or to commit suicide.

What Is Section 498a, IPC?

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.

Explanation - For the purposes of this section, “cruelty” means—

a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;

OR

b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Understanding Section 498A, IPC

Section 498A, IPC punishes a woman’s husband (or his relative) for having inflicted ‘cruelty’ upon her. The Section reveals to us a loose-knit definition of the term ‘cruelty’. The definition is deliberately kept open-ended for it to accommodate any new developments in our understanding of what may amount to ‘cruelty’ for the purpose of Section 498A, IPC.

‘Cruelty’ as is punishable under Section 498A, IPC can manifest itself in multiple offensive forms.
For example:

1. Cruelty by making persistent demands for dowry

2. Cruelty by initiating/maintaining false and/or vexatious litigation against the other spouse

3. Cruelty by indulging in depriving and wasteful habits

4. Cruelty by indulging in extra-marital relations

5. Cruelty by not accepting a girlchild born to one’s wife

6. Cruelty by forcing one’s wife to undergo a sex-determination test

7. Cruelty by making false attacks on the chastity of one’s wife

8. Cruelty by depriving the other spouse of the company of children

9. Cruelty by hitting or beating or physically hurting the wife (under the influence of alcohol or not)

What is Cruelty?

In simple terms, cruelty refers to inflicting suffering or inaction towards another individual or living being. I criminal law, cruelty can refer to punishment, torture, victimization, cruel actions, etc. It could also refer to ‘inhumane’ actions. Most of the time, cruelty is ‘pleasure’ in inflicting such pain and hurt or inaction upon the other. Cruelty is clearly a very broad term and includes a wide variety of meanings. Cruelty can be both violent or physical and even mental or emotional. Section 498A covers both mental and physical cruelty. Read on to know more about what constitutes cruelty under Section 498A.

What Constitutes Cruelty and Harassment under Section 498A?

Explanation to section 498A lays down the purview of the word cruelty. According to it, the following amount to cruelty and/or harassment of the woman:

• Any willful conduct which is likely to drive the woman to commit suicide or

• Any willful conduct which is likely to cause any grave injury to woman,

• Any willful conduct which is likely to cause danger to life, limb, or mental or physical health of the woman,

• Harassment of the woman with a view to coercing her or her relatives to meet unlawful demand for any property or valuable security,

• Harassment of the woman on account of the woman’s failure to meet such demands of dowry.

The word harassment or cruelty in ordinary sense means to torment a person subjecting him or her through constant interference or intimidation. If such torment is done with the view to coercing the wife or her relatives to meet any demand of property or valuable security, it amounts to harassment as contemplated by section 498A. Coercion means persuading or compelling a person to do something by using force or threats.

What Is Cruelty For The Purpose Of Section 498A, IPC?

In the most basic sense of the term, ‘cruelty’ is an act of inflicting suffering upon another. Such suffering could be in the nature of punishment or torture or criminal inaction (where the person inflicts cruelty by failing to observe the legal duty of care that one has towards the other).

The term can be extended to include a wide variety of meanings.

Cruelty can take myriad forms of victimization – mental, physical, sexual, emotional.

Section 498A, IPC covers within its ambit all the above kinds of cruel behaviour.

Explanation to Section 498A, IPC lays down a broad definition of the term ‘cruelty’. As per it, cruelty means –

1. Any wilful conduct which is likely to drive a woman to commit suicide, OR

2. Any wilful conduct which is likely to cause any grave injury to a woman, OR

3. Any wilful conduct which is likely to cause danger to life, limb, or mental or physical health of the woman, OR

4. Harassment of a woman with a view to coercing her or her relatives to meet unlawful demand for any property or valuable security (dowry), OR

5. Harassment of a woman on account of her (or her relative’s) failure to meet such demands of dowry.

Harassment in the above definition can be understood to mean, putting the victim through consistent intimidation or threat, harrowing level of interference, nagging persuasion or plain use of brute force so that she (or her relatives) is/are constrained to meet the unlawful demands for dowry.

Since Section 498A, IPC clearly identifies two major forms of cruelty – physical and mental, it is important we enhance our understanding of the same:

i. Physical cruelty comprises in inflicting pain or injury on the physical body of another. It is any act of physical violence that poses a threat to life, limb or health of the victim. It can take the form of beating, punching, biting, twisting limbs, slapping, choking, burning or any other way to physically hurt the victim. Physical cruelty, in most cases, is visible to the naked eye. It is readily identifiable in bruise patterns or fractured bones.

ii. Mental cruelty comprises in any person’s act of unkindness or verbal abuse that can emotionally drain or psychologically scar another. It can take the form of threatening, intimidating, belittling, name-calling or yelling at the other person. In adjudging ‘cruelty’, mental cruelty has the same weightage/ force of law as physical cruelty. Mental cruelty is invisible to the naked eye and hence more challenging to prove than physical cruelty.

Cruelty by Husband or Relatives of the Husband

Section 498A is only restricted to acts or omission done by the husband himself or by his relatives. The word relatives, however, has not been defined in the section. A reading of relevant case laws reveals that generally, the parents, sisters, and brothers i.e. the immediate family of the husband is prosecuted under this section.

In one of the cases it was argued that ‘husband’ of the ‘second wife’, who marries her during the existence of his earlier legal marriage, is not the ‘husband’ within the meaning of section 498A and the ‘second wife’, therefore cannot invoke section 498A for the cruelty caused to her by him or his relatives. The Supreme Court, relying on the legislative intent of section 498A, rejected this plea.

Trial / Court Procedure under Section 498A

As has been stated before, the trial or a criminal court procedure is initiated with the instance of an FIR or a police complaint. The detailed trial procedure has been given below:

1. FIR (First Information Report) / Police complaint: the first step is a Police Complaint or a First Information Report. This is covered under Section 154 of the Code of Criminal Procedure. An FIR puts the entire case into motion.

2. Investigation and Report by Officer: The second step after the FIR, is investigation by the Investigation Officer. After the examination of the facts and circumstances, collection of evidence, and examination of persons and other necessary steps, the officer completes the investigation and prepares the investigation.

3. Charge-sheet before Magistrate: The police then files the charge sheet before the magistrate. The charge-sheet consists of all the criminal charges against the accused.

4. Arguments before Court and Framing of Charges: On the fixed date of hearing, the Magistrate hears the parties’ arguments on the charges that have been set and then finally frames the charges.

5. Plea of guilty: Section 241 of the Code of Criminal Procedure, 1973 talks about the plea of guilty, after framing of the charges the accused is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made. The judge may upon its discretion convict the accused.

6. Evidence by Prosecution: After the framing of the charges and the accused pleading ‘not guilty’, the evidence is first given by the Prosecution, upon whom the burden of proof initially (generally) lies. Both oral and documentary evidence can be produced. The magistrate has the power to issue summons to any person as a witness or order him to produce any document.

7. Cross Examination of Witnesses by Accused/Counsel: Witnesses of the prosecution when produced before the court are cross examined by the accused or his/her counsel.

8. Evidence by Accused if any, in defence: If the accused has any evidence, it is presented to the Courts at this stage. He/she is given this opportunity to make his/her case stronger. However, since the burden of proof is on the prosecution i.e. the alleged victim, the accused is not required to present evidence.

9. Cross Examination of Witness by Prosecution: If witnesses are produced by the defence, they will be cross-examined by the Prosecution.

10. Conclusion of Evidence: Once the court has been presented with evidence from both sides, the evidence is concluded by the Court/Judge.

11. Oral / Final Arguments: The final stage, nearing the judgement is the stage of final arguments. Here, both parties take turns (first, the prosecution and then the defence) and make final oral arguments in front of the judge.

12. Judgement by the Court: Based upon the facts and circumstances of that case, and upon the arguments made and evidence produced, the Court gives its final judgement. The Court gives its reasons in support of the acquittal or conviction of the accused and pronounces its final order.

13. Acquittal or Conviction: If the accused is held guilty, he/she is convicted and if held ‘not-guilty’, the accused is acquitted in the final judgement.

14. If Convicted, Hearing on Quantum of Sentence: If the accused is held guilty and convicted, a hearing will take place to decide the quantum or extent of the Sentence or jail time.

15. Appeal to Higher Courts: An appeal to Higher Courts can be made if the scenario allows it. From Sessions court, an appeal can be made to the High Court and from High Court, to the Supreme Court.

When Can A Person Be Held Guilty Under Section 498A, IPC?

For a person to be held guilty under Section 498A, IPC it is important for the prosecution to compulsorily prove the following:

1. That the woman is married. This Section protects women from unruly and cruel behaviour that gets meted out to her in her marital home.

2. That the woman is subject to cruelty or harassment. Cruelty as discussed above can take on myriad forms.

3. That such cruelty or harassment is suffered by her at the hands of her husband or her in-laws or both.

What Is The Punishment Provided Under Section 498A, IPC?

A person held guilty of an offence under Section 498A, IPC shall be punished with imprisonment which may extend to three years, AND with fine.

Is The Offence Under Section 498A, IPC Compoundable?

The offence under Section 498A, IPC is not compoundable i.e., law does not allow for a compromise to be recorded between the victim and the offender.
It is a serious offence and the law requires that the offender be put to trial and punished.

Who Can File A Complaint Under Section 498A, IPC?

Section 198A of the Code of Criminal Procedure, 1973 (‘CrPC’) mandates a Court not to take cognizance of an offence punishable under section 498A, IPC except:

i. upon a police report of facts that constitute the offence, OR

ii. upon complaint made by the aggrieved wife or by her father, mother, brother, sister, her father’s or mother’s brother or sister, OR

iii. with the leave of the court, by any other person related to the aggrieved wife by blood, marriage or adoption.