[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”-
- any willful 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
- 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.]
Meaning
Section 498A of the Indian Penal Code, 1983, ensures protection to married women against cruelty from their husbands or relatives of the husband. It also criminalizes physical and mental cruelty as well as harassment connected with illegal demands regarding property or dowry.
This provision was established because the rising instances of dowry deaths and domestic violence were out of control in India.
Essential Elements
- Relationship: It must be established that the accused is the spouse of the woman, or a relative of the spouse.
- Cruelty: It can be present in the several ways following:
- Willful act of such a kind that is likely to persuade the woman to commit suicide, or cause serious injury or danger to her life, limb, or health; whether physical or mental.
- Harassment intended to coerce the woman or her relatives to meet a requirement that was not lawful for property or valuable security, or harassment for conducting acts that were not lawful.
- Mens Rea (Guilty Mind): The acts of cruelty must be committed with intent. Ordinary quarrels, misunderstandings, and trivial conflicts in marital life are not included in this section.
Punishment
- Imprisonment extending to 3 years
- Fine
- Imprisonment, and fine may both be imposed.
Landmark Judgments
- S. Hanumantha Rao v. S. Ramani (1999)
The Supreme Court stated that not every quarrel between spouses is cruelty and that the act must be serious and grave in order to be classed within section 498A.
- Kaliyaperumal v. State of Tamil Nadu (2004)
The Court explained that in dowry death under section 304B the offences requires death, however, 498A is wider in scope and also includes mental harassment even though it may not end in death of the woman.
- Arnesh Kumar v. State of Bihar (2014)
The Supreme Court addressed misuse of section 498A and directed that arrest in such cases will not be automatic and police cannot arrest without following Section 41 CrPC so as to avoid harassment of innocent relatives.
- Rajesh Sharma v. State of U.P. (2017)
This Court suggested to form Family Welfare Committees to scrutinize complaints for arrest. This case was later modified, but provided alarm regarding the misuse by obliging courts to pass implications.
Example
A husband and his family continue to threaten the wife for more dowry and then physically assaults her when she refuses to fulfil demands. The continuous threats and the assault amount to cruelty according to clauses 498A. In the case of arguments by the couple that are without any unlawful demands or any appreciable serious injuries, the couple does not criminally engage in cruelty under section 498A.