The hon'ble Supreme court of India in its recent judgement of Social action forum for adhikar and another v union of India ministry of law and justice and others revisited the important issue relating to section 498A of Indian Penal Code, 1860(hereinafter referred to as the IPC). Section 498-A of the IPC in the year 1983 to curb the menace of cruelty to married women, which often led to dowry deaths.

In order to protect helpless women who were regularly getting abused and beaten and tortured by their respective husbands and husband's family members , multiple changes were made to IPC. Accordingly, under section 498A cruelty to a woman by her husband or any family member of her husband was made punishable for with an imprisonment for a term three years and also with fine. This was further supported by section 304B where a women had committed suicide within 7 years of her marriage or died in circumstances raising a reasonable suspicion that some other person has committed any offence, provisions were made for inquest by executive magistrates. Furthermore, the Indian Evidence Act, 1872 was also amended to provide that in cases where the woman had committed suicide within 7 years of marriage and it is shown that her husband or any relative of husband had subjected her to any kind of cruelty, then in that case court can presume that such suicide was abetted by her husband or such relative of the husband. 

However, since the section was subject matter of controversy , the honorable Supreme Court observed that it was often being used as a weapon rather than shield by disgruntled wives, as many took it as an opportunity to take revenge for their personal grudges. At times, because of such false complaints many innocent family suffered without having done anything. Because of this, various judgements over time have also read down the section. 

In the case mentioned above , Rajesh Sharma v state of U.P and another judgement came into question. In RAJESH SHARMA  case judgement , the Honorable Supreme Court , in order to prevent misuse of section 498 A , gave a number of directions such as- established family welfare committees which were to be constituted by legal service authorities in every district, complaints under section 498A may be investigated only by a designated investigating officer of the area, in cases where a settlement is reached it should be disposed of, etc. Supreme court after studying various directions, retained some of them and propounded a more balanced approach towards the application of section 498A. 

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