Legal Terrorism: Misuse of section 498A

Section 498A IPC: Misuse, Merits, Demerits & Judicial Observations

Abstract

India is a country where customs and traditions have always played an important and crucial role in society. Marriage is considered a sacred social institution, but in the last few decades, it has undergone significant changes. Dowry, which was once regarded as a blessing, eventually took a monstrous form and became a curse for society, causing many women to suffer. It gradually became a major reason for harassment and cruelty against women. Efforts should always be made to preserve the sanctity of marriage as a sacred institution; however, violence against women has been recognized as one of the most widespread forms of human rights abuse. Therefore, to protect women, Section 498A was introduced into the Indian Penal Code, 1860, by Act 46 of 1983. This research paper analyses the concept of cruelty against women and also highlights the misuse of Section 498A of the Indian Penal Code, 1860.

Introduction

The women protection laws were designed to safeguard women from violence and discrimination but nowadays these are being misused by some persons for personal gain such as to extort money or to gain unfair advantage. The intent behind making these laws was the welfare of women.

• Sec. 498A IPC – Protection of women from husband and his relatives
• Protection of Women from Domestic Violence Act, 2005
• Dowry Prohibition Act, 1961

These are some laws which are being misused nowadays. Sec. 498A of IPC 1860 dealt with “husband or relatives of husband of a woman subjecting her to cruelty.” This provision of IPC is now replaced by Sec. 85 of Bharatiya Nyaya Sanhita, 2023.

The offences in which these acts and Section 498A is used are cognizable offences. In these, police can register FIR and investigate without prior approval of the court. It is a non-bailable offence. Women have started misusing these laws for their own benefit and are using this provision in the IPC to harass their husbands and in-laws. This law has become a tool for threats and extortion.

If a woman is unhappy in her marriage or her demands are not fulfilled, she threatens to file a police complaint against her husband and his family. In many cases, such complaints are filed, causing mental stress and financial problems for the husband and his relatives. In 2012, approximately 2 lakh men were arrested for the violation of women protection laws. Whenever a man is arrested by the police, he however becomes a villain in the eyes of society even before the court holds him guilty or not. Many men have committed suicide due to these false cases against them.

Issues of Misuse Includes

1. False and exaggerated complaints – Some women allegedly use Section 498A as a tool of revenge, implicating not only the husband but also distant relatives.
2. Arbitrary arrests – Immediate arrests without proper investigation often cause unnecessary harassment to innocent family members.
3. Social and psychological impact – Entire families, including elderly parents, unmarried sisters, and relatives abroad, face stigma and trauma.
4. Judicial burden – A large number of 498A cases result in acquittals, reflecting misuse and over-reporting.

Due to some women misusing the women protection laws, those who actually suffer from domestic violence or any type of violence also struggle to get justice.

Merits of Section 498A IPC

1. Acts as a safeguard – The law works as a shield against domestic violence and dowry harassment. It covers not only physical abuse but also mental and emotional cruelty.
2. Quick legal help – It allows speedy legal action when a woman faces cruelty or harassment in marriage, giving protection to those in vulnerable situations.
3. Encourages reporting – Women feel more confident to raise their voice without delay, especially since earlier there was no clear remedy for mental harassment.
4. Recognizes seriousness of the issue – By having this law, society acknowledges that dowry and domestic abuse are serious problems that need to be stopped.
5. Supported by judiciary – Courts have upheld its importance, ensuring that while women are protected, safeguards are also there to reduce misuse.

Demerits of Section 498A IPC

1. Misuse in disputes – Sometimes, the law is misused in marital conflicts, with false or exaggerated complaints made just to trouble the husband or his family.
2. Harsh consequences – Since it is a cognizable and non-bailable offense, police can arrest without much inquiry, leading to social stigma and mental stress for the accused.
3. Innocent family members dragged in – Even elderly parents or distant relatives of the husband are often named in complaints, which causes unnecessary harassment.
4. Burden on courts – False or frivolous cases add pressure on the judicial system, delaying justice for real victims.
5. Courts’ concern – The judiciary has repeatedly warned against blind arrests and has asked authorities to carefully check the truth of allegations before proceeding.

Judicial Observation

1. Case: Dara Lakshmi Narayana vs State of Telangana (2024)

This is a landmark Supreme Court judgment where the Court quashed an FIR filed under Section 498A IPC (dowry harassment). The Court strongly criticized the misuse of Section 498A in matrimonial disputes and emphasized that judges must carefully examine such cases to prevent the wrongful harassment of husbands and their families.

• Case background: The case arose from a marital dispute in which the wife filed an FIR against her husband and his family under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act. She claimed that a large dowry had been given and that she was harassed—both physically and mentally—for additional dowry. She also alleged that her husband had an illicit affair. The complaint included the husband, his parents, and other relatives. Some of these relatives lived elsewhere and were not shown to be directly involved in the alleged harassment.
• Supreme Court findings: The Court found that the FIR contained only vague and general statements without specific details. There was no strong evidence of physical torture or direct acts of cruelty by the relatives. Most allegations were about instigation or taunting, not actual violence. The Court referred to earlier judgments warning against unnecessarily involving all of a husband’s relatives in dowry cases without proper proof.
• Legal principles: Section 498A was designed to protect women from genuine cruelty, but it should not be misused as a tool for personal revenge. Courts should use their powers under Section 482 CrPC to prevent the misuse of the legal process when complaints are vague or baseless.
• Outcome: The Supreme Court allowed the appeal. It quashed the FIR and dismissed all criminal proceedings against the husband and his family.
• Key takeaways: The Court strongly condemned the misuse of Section 498A in matrimonial disputes. It highlighted the importance of distinguishing genuine cases from false or malicious ones.

2. The Atul Subhash Case

The Atul Subhash case is a deeply tragic incident that has shaken the country and brought the spotlight back on the alleged misuse of certain matrimonial laws, especially Section 498A of the Indian Penal Code (IPC).

Atul Subhash, a Bengaluru-based tech professional and AI developer, ended his life in December 2024. Before taking this extreme step, he left behind an 80-minute video and a 24-page suicide note in which he described the immense pain and pressure he had endured. He accused his estranged wife and her family of harassment, emotional abuse, and extortion, claiming they filed multiple false cases against him under Section 498A IPC and related dowry provisions. These ongoing legal battles, Atul explained, not only drained him financially but also took a devastating toll on his mental health.

His death has reignited a nationwide debate about how laws meant to protect women from cruelty and dowry harassment are sometimes misused as weapons in marital disputes. Many have pointed out that while the original intention of Section 498A was noble—giving women a much-needed shield against domestic violence—the provision has, in some instances, been exploited to settle personal scores.

Following Atul’s passing, a Public Interest Litigation (PIL) was filed in the Supreme Court, urging a re-examination of the Domestic Violence Act and dowry laws. The plea sought reforms to ensure that while genuine victims continue to be protected, innocent men and their families do not become victims of false or exaggerated accusations.

The Supreme Court itself has, in earlier judgments, acknowledged this problem. It has repeatedly cautioned against frivolous complaints and emphasized that broad, vague, and unsubstantiated allegations cannot form the basis for criminal prosecution. Recently, the Court has also issued guidelines aimed at striking a balance—ensuring real victims of cruelty receive protection while discouraging misuse that unfairly destroys lives.

The Atul Subhash case has therefore become more than a personal tragedy—it has become a symbol of the urgent need for reform. It highlights the delicate challenge before lawmakers and courts: to safeguard women’s rights on one hand, while also protecting innocent individuals from wrongful prosecution on the other. It is a reminder that justice must serve both protection and fairness, without being skewed against either gender.

Why Do People Misuse Section 498A IPC, 1860?

• Legal extortion: To make quick money by demanding a large settlement.
• Prior relationship: Sometimes a woman is already in a relationship but marries to satisfy her parents. Later, to get a divorce, she misuses Section 498A.
• Adultery: Women involved in extra-marital affairs use Section 498A as a bargaining tool.
• Domination: The wife wants the husband to leave his parents and siblings and give her full control over his finances and social life.
• Custody: To prevent the father and his family from meeting the children.
• Fraudulent marriages: When the bride or her family hides facts such as her education or mental health, and later, when the husband questions it or seeks separation, she files a false 498A case.

Today, every husband is seen as a torturer and his relatives as villains. The media is also partly responsible, as it sensationalizes such cases without proper investigation.

Measures to Reduce Misuse of Section 498A IPC

• Strict scrutiny of complaints: Police should conduct a preliminary inquiry before registering an FIR to ensure that the allegations are genuine and not motivated by personal disputes.
• Arrest guidelines: As directed in Arnesh Kumar v. State of Bihar (2014), arrests should not be made in a routine manner. Prior approval from a Magistrate should be obtained before taking such steps.
• Counselling and mediation: Family disputes should first be referred to counseling or mediation centres so that reconciliation may be attempted before resorting to criminal prosecution.
• Penalizing false complaints: If it is proved that the complaint was false or malicious, appropriate legal action should be taken against the complainant to discourage frivolous litigation.
• Awareness and sensitization: Both men and women should be educated about the true purpose of Section 498A so that it is used as a protective measure, not as a weapon.
• Legislative reforms: The offence may be made compoundable with court permission, allowing genuine settlements between parties while still preventing misuse.

Judicial Safeguards

• Preliminary check: The Supreme Court has directed that police must conduct a basic inquiry before registering a 498A complaint. This ensures that only genuine cases move forward.
• No immediate arrest: Police cannot make immediate arrests. A cooling-off period (usually two months) and review by Family Welfare Committees are required to prevent wrongful arrests.
• Quashing false cases: Courts can cancel FIRs that contain vague or general allegations, especially those against distant relatives without proper evidence.

Procedural and Legal Reforms

• Mediation first: Mandatory counselling or mediation with neutral committees can help resolve disputes and reduce unnecessary criminal cases.
• Punishment for false cases: There are proposals to introduce stricter penalties for proven false complaints, to discourage misuse of the law.
• Fast hearings: Quick hearings for quashing false FIRs protect innocent people from long and stressful legal battles.

Awareness and Training

• Training officials: Police and judges should receive special training to handle matrimonial disputes fairly and sensitively.
• Educating the public: Awareness campaigns can encourage the responsible use of this law—helping genuine victims while discouraging false complaints.

Conclusion

In conclusion, Section 498A plays an important role in safeguarding married women from cruelty and dowry-related abuse. At the same time, it is equally important to ensure that the law is not misused as a means of harassment. With fair judicial practices, proper safeguards, and timely reforms, Section 498A can continue to protect genuine victims while minimizing false or wrongful accusations. The misuse of Section 498A is no longer just a rumour; it has now been proven. Women have filed false charges under Section 498A of the IPC and trapped their husbands under this provision.

Men do not have any specific laws to protect themselves from such abuse by women. In many district courts, Section 498A of the IPC has been misused. Most cases remain unresolved, yet husbands are compelled to pay maintenance to their wives. Being a husband does not automatically mean he is responsible for all the expenses and benefits of his wife. Some women misuse this section as a weapon to extort money from their husbands. Although Section 498A of the IPC, 1860, was originally introduced to protect women from cruelty by their husbands or in-laws, it is now being abused. Women are turning the law against their husbands and relatives by filing false cases of cruelty. Therefore, strict legal measures should be taken immediately to prevent the growth of this “legal terrorism” caused by the misuse of such provisions.

References:

1. The Code of Criminal Procedure, 1973.
2. The Indian Penal Code, 1860.
3. The Indian Evidence Act, 1872.
4. The Dowry Prohibition Act, 1961.
5. The Bharatiya Nyaya Sanhita, 2023.
6. Misuse of Section 498A under IPC — ipleaders, 2025.
7. A Study on Misuse of Section 498A of Indian Penal Code, 1860 — ijlmh, 2025.
8. Misuse and Weaponization of Section 498A (now Section 85 of BNS) of the Indian Penal Code (IPC) — LinkedIn, 2025.

Written By:

1. Priyanshu Menaria-Students of University College of Law, MLSU, Udaipur, Rajasthan and
2. Shailesh Joshi-Students of University College of Law, MLSU, Udaipur, Rajasthan