Lawyers are calling for changes to Section 498A of the Indian Penal Code, following the tragic suicide of a Bengaluru techie. Senior Advocate Vikas Pahwa suggests that the section, which deals with husband or relative harassment, is being misused, leading to unjust convictions. To address this issue, lawyers are advocating for the section to be made bailable and gender neutral.
Proposed Reforms
– Bailable Provision: Making Section 498A bailable would ensure that individuals accused under this section are granted bail, reducing the risk of wrongful confinement.
– Gender Neutrality: Introducing gender neutrality would broaden the scope of protection, covering harassment by individuals of any gender.
These reforms aim to strike a balance between protecting victims of harassment and preventing the misuse of the law. However, it’s essential to note that these proposals are still under consideration, and no concrete actions have been taken yet.
Section 498A of the Indian Penal Code (IPC) outlines husband or relative harassment. Here are its key ingredients:
Offense Ingredients of Section 498A
1. Dowry Demand or Harassment: The accused must have demanded or acted with the intention of coercing or enticing the wife or her relatives to deliver, directly or indirectly, any property or valuable security.
2. Harassment: The accused must have subjected the wife or her relatives to harassment with the intent to coerce her or her relatives to meet such demands.
3. Knowledge or Reasonable Belief: The accused must have known or reasonably believed that the wife or her relatives would be coerced into meeting the demands.
Essential Elements of Section 498A
1. Marriage: The accused must be related to the wife by marriage (husband, father-in-law, mother-in-law, son-in-law, brother-in-law, or sister-in-law).
2. Harassment: The harassment must be physical, verbal, emotional, or psychological.
3. Intent: The accused must have intended to coerce the wife or her relatives into meeting the dowry demands.
Punishment of Section 498A
Section 498A prescribes imprisonment up to 3 years and/or fine up to ₹1 lakh (approximately $1,300 USD).
Key Amendments of Section 498A
1. 2013 Amendment: Introduced the concept of “harassment” beyond mere dowry demands.
2. 2018 Amendment: Strengthened provisions for protection of victims.
Important Case Laws
1. Shafin Jahan vs. Rafida Ahmed (2018): Supreme Court clarified that Section 498A covers harassment beyond dowry demands.
2. D. Velusamy vs. D. Kausalya (2011): Supreme Court held that Section 498A applies to harassment by in-laws.
These ingredients and essential elements serve as guidelines for interpreting Section 498A. However, specific cases may have varying interpretations based on judicial precedents and evolving legal frameworks.
