Supreme Court Raises Alarm Over the Misuse of Dowry and Cruelty Laws
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New Delhi: The Supreme Court has warned against the growing trend of the “cruel misuse” of Section 498A of the Indian Penal Code—meant to address cruelty by husbands or in-laws—by wives and their families in the absence of solid evidence. The court emphasized that the term “cruelty” cannot be presumed and must be substantiated with specific, credible incidents. Vague or general allegations, lacking dates, times, or independent witnesses, weaken the prosecution’s case and bring the complainant’s credibility into question.
These observations came from a bench of Justices B.V. Nagarathna and Sanjay Karol Sharma while acquitting a man accused under Section 498A IPC and Section 4 of the Dowry Prohibition Act. The case stemmed from a 1999 FIR in which the wife alleged that her husband had subjected her to physical and mental abuse—including assault, forced drug use, and humiliation—and demanded ₹2 lakh in dowry, even claiming he caused her miscarriage.
However, no medical proof supported these accusations. It was also revealed that the couple had lived together for just 12 days post-marriage.
Justice Sharma, who authored the verdict, pointed out that the charges were vague, generalized, and unsupported by independent testimony. Citing a previous ruling (Dara Lakshmi Narayana & Ors. v. State of Telangana & Anr.), the Court reiterated its concern over the misuse of cruelty provisions, especially the practice of including every member of the husband’s family—even those living separately or elderly—as accused. This indiscriminate inclusion, the bench said, erodes the authenticity of the complaint and defeats the intent of protective legislation.
The court further stated that pursuing prosecution based on such flawed allegations, particularly after the marriage has ended and the divorce has been legally finalized, amounts to an abuse of legal process.
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