Neetish Patnaik & Sai Sibani Panda, KIIT School of Law
ABSTRACT
The main aim of this research paper is to examine the misuse of Section 498A of the Indian Penal Code, which criminalises the cruelty towards a married woman by her husband, or relatives of the husband. The section was enacted for the protection of women from domestic violence but this provision has been widely criticised for its rampant misuse, which results in false cases and harassment of innocent individuals. The causes and the consequences of the misuse of section 498A have been examined through a review of a number of literatures, case laws and articles. Introduction of stricter penalties for false complaints, conduction of an impartial and fair trial and providing legal assistance to the accused can be some ways that can be implemented to address the issue of the misuse of 498A. The conclusion of the paper recognises the need for protection of women from domestic violence but it should not come at the cost of violating the rights of innocent individuals and the implementation of the law must be in a just and balanced manner.
Keywords: Domestic Violence, Section 498A, Indian Penal Code, Protection of Women, Cruelty.
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