Critical Analysis Of The Misuse Of Sec 498A IPC (Sec 84 BNS) As Legal Terrorism

Anna C Kattakayam, BALLB, Christ (Deemed to be University), Bengaluru

ABSTRACT

India, a nation deeply rooted in customs and traditions, has witnessed significant transformations in its societal structures over the years, particularly in the institution of marriage. The dowry system, once a prevalent practice, evolved into a societal menace, casting a dark shadow over women’s lives. To combat this, the Indian Penal Code, 1860 was amended in 1983 to include Section 498A IPC (now, section 84 BNS), addressing ‘Matrimonial Cruelty’ towards women. This non-compoundable, non-bailable, and cognizable offence is outlined in Chapter XXA of the I.P.C. However, recent trends indicate a potential misuse of Section 498A for personal gains, leading to a form of legal terrorism. The law, intended as a protective shield, is at risk of being weaponized. Instances of men driven to suicide due to unwarranted legal harassment by their wives have been reported. This research paper aims to explore the dual facets of Section 498A - as a safeguard against cruelty towards women and as a tool susceptible to misuse, thereby highlighting the need for a balanced approach in its application.

Keywords: Section 498A, Indian Penal Code, Legal Terrorism, Misuse.