Discuss the object behind enacting Section 498A

Question: Discuss the object behind enacting Section 498A.

Find the question and answer of IPC only on Legal Bites. [Discuss the object behind enacting Section 498A.]

Answer

Chapter XXA was inserted in the IPC in 1983 by the Criminal Law (Second Amendment) Act, 1983. It consists of only one section, namely, section 498A, which makes cruelty to a wife by the husband or his relatives, an offence.

In the case of Noorjahan v. State [(2008) 11 SCC 55], the Supreme Court, in this case, attempted to explain the expression “cruelty” in the following words:

“Consequences of cruelty which are likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical, of the woman is required to be established in order to bring home the application of Section 498A of IPC.”

The Court also elaborated on the legislative intent behind the insertion of Section 498A of IPC i.e. As clearly stated therein the increase in the number of dowry deaths is a matter of serious concern. The extent of the evil has been commented upon by the Joint Committee of the Houses to examine the work of the Dowry Prohibition Act, 1961.

In some cases, the cruelty of the husband and the relatives of the husband which culminate in suicide by or murder of the helpless woman concerned, constitute only a small fraction involving such cruelty. Therefore, it was proposed to amend IPC, Code of Criminal Procedure, 1973, and the Evidence Act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by the husband, in-laws, and relatives.

The avowed object is to combat the menace of dowry death and cruelty. Its endeavour is to prevent torture to a married woman by her husband or by his relatives and to punish them for harassing or torturing the wife to coerce her or her relatives to concede unlawful demands of dowry.

Accordingly, sections 498A and 304B were added to the IPC, creating separate offences in respect of acts of cruelty to a woman by a husband and his relatives and dowry death respectively.

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