Section 498-A IPC
The Supreme Court of India recently upheld a suspension on arrests under Section 498-A of the Indian Penal Code. This law addresses cruelty against married women by their husbands or relatives. The judgement, delivered in July 2025, allows a two-month ‘cool-off’ period during which no arrest or coercive action can be taken. This move has sparked debate on criminal justice and gender equality in India.
Section 498-A IPC
Section 498-A was introduced in 1983 to combat cruelty against women in marriage. It covers acts like dowry harassment, physical and mental torture, and driving a woman to suicide or injury. The law aims to protect women from domestic violence and ensure their safety. It carries a punishment of up to three years imprisonment and a fine.
Judicial Endorsement of Suspension
The Allahabad High Court directed a two-month suspension on arrests in such cases, citing the need for a ‘cool-off’ period. The Supreme Court endorsed this without detailed examination of social realities or consulting the State government. This blanket protection delays police action even when strong evidence exists. It risks the safety of complainants and discourages women from filing complaints.
Impact on Complainants and Police Investigations
The suspension may embolden perpetrators and hinder timely justice. Women already face social stigma and pressure not to report abuse. Delays in arrest and investigation weaken the effectiveness of the law. It also legitimises police inaction in sensitive family violence cases, reducing trust in the justice system.
Family Law and Alternate Dispute Resolution
Alternate dispute resolution methods like mediation are encouraged in family matters such as divorce or child custody. These methods aim for amicable solutions and reduce court burden. However, such approaches are unsuitable for serious criminal allegations like domestic violence. Penal laws require strict enforcement to protect victims.
The Misuse Debate
The Supreme Court and popular discourse have raised concerns about misuse of Section 498-A. Past rulings have warned against frivolous complaints. However, no comprehensive data proves widespread misuse. Conviction rates stand at about 18%, higher than many other crimes. Low conviction rates often reflect investigative challenges and social pressures rather than false complaints.
Statistical and Social Context
In 2022, over 1.34 lakh cases were registered under Section 498-A. Surveys reveal under-reporting of domestic violence due to stigma and fear. Increased reporting may indicate greater awareness rather than misuse. Institutional bias and systemic issues in criminal justice affect case outcomes. The law’s effectiveness depends on proper investigation and support for victims.
Legal and Social Implications
Suspending provisions selectively undermines uniformity in criminal law. It weakens victims’ access to justice and may increase their vulnerability. The Supreme Court previously held that potential misuse is not a valid reason to strike down a law. The current judgment challenges this principle by restricting enforcement without legislative review.
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Balraj gopal
August 13, 2025 at 6:21 pmHi I have case where wife went to her house abusing, harresing me and filed case in her home town.filed case I brutally hit all fals information but the judge is behaving strangle asking what is gathi cast and never allowed to speak every thing made on EX part dession though i have paid monthly asking for more water the girls gives it is wright I have 5 sisters and I have liveing god mother aged 78 sister
with fites many times has has fallen and also cut with sittges strangle every time NBW
When wife gets divorce on herself and asking for almonye what is law we are seeing becoming help less unless untill the person has die or put him behind the bars like subush did a video and pages of truth then the law came into force
Balraj gopal
August 13, 2025 at 6:32 pmHi I am also facing the case with very bad situation help the society push it go wrong in my school day 7stand I have inspired being like him. Rajamohan Roy who have abolished the sati system also d when husband die wife also should die he Stop it like when I see there is posiperty when girl come to inlaw house always saying live separate and her brother tells will support at present the law which I see should anyalise both side investage and do formalities.
Thank you 9663510636
Manish singh
August 13, 2025 at 10:36 pmThis is the most absurd law anywhere in the world because when found false allegation the women is not punished for it ,as the system considers them as abla bechari
Gagandeep Singh
August 14, 2025 at 6:10 pmThis section is totally misused by Indian women now a days, this section is merely a tool to harass her husband and their relatives to get handsome amount nothing. According to my opinion FIR should be registered after Proper investigation. In that case merely a 1% case will going to register remaining will drop at first step.
Anand Achary
August 14, 2025 at 7:50 pmGood Judgement. Nothing will go worse by giving 2 months time for the couple to get cool