Section 498A Of IPC: What Is It? Why Is It Linked To Bengaluru Techie Atul Subhash's Death?

Bengaluru techie, Atul Subhash committed suicide allegedly due to torture by his wife Nikita Singhania, and in-laws, among other reasons. In his 24-page suicide note, he said that his wife had filed a complaint against him alleging harassment and assault for dowry. She also alleged that her Subhash would beat her up after drinking 'like a beast'. In total, she filed nine complaints against him. These complaints were registered under section 498A (cruelty by husband), 323 (assault), 504((intentional insult to provoke breach of peace), 506 (criminal intimidation), along with relevant sections of the Dowry Prohibition Act, 1961.

Atul alleged harassment by his wife in his suicide note and an over one-hour video. This incident has sparked a debate on Section 498A and its misuse.

What Is Section 498A

Section 498A of the Indian Penal Code, 1860 (IPC) deals with matrimonial cruelty in India. The section was introduced in 1983 to protect women from cruelty by husbands or relatives.

Section 498A: Key Provision

The perpetrator will be subject to a term that might extend to three years and may be liable for a fine.

Section 498A: What Is Cruelty?

For the purposes of this section, “cruelty” means— (a) any wilful conduct that is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand., as per the bare Act of IPC.

Section 498A:

The offence under this section is a cognizable and a nonbailable offence.

The complaint under Section 498-A may be filed by the woman aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.

A complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 Criminal Procedure Code, 1973 (CrPC) enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.

Section 498A: Period of Limitation

As per Section 468 CrPC, a complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident.

However, Section 473 CrPC enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.

The essence of the offence in Section 498-A is cruelty. It is a continuing offence and on each occasion on which the woman was subjected to cruelty, she would have a new starting point of limitation, Arun Vyas v. Anita Vyas, (1999).

The court can take cognizance of a case under 498A only after a police complaint.

Section 498A: What Did SC Say

Talking about the misuse of Section 498A, The Supreme Court said, “The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State.

However, in recent years, as there has been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife…

Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them", the judgment authored by Justice Nagarathna read.

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