Section 498A of the Indian Penal Code (IPC)

The Supreme Court urged the Central government and the parliament to make necessary changes to the Bharatiya Nyay Sanhita (BNS) with respect to the provision replacing Section 498A of the Indian Penal Code (IPC).

1. Section 498A of the IPC is a law that aims to protect married women from cruelty by their husbands or relatives.

Key Points about Section 498A of the Indian Penal Code (IPC):

1. Introduced in 1983 as an amendment to the IPC to address growing concerns about domestic violence and harassment faced by married women in India.
2. Cruelty is defined as any intentional conduct that endangers the life, limb or mental or physical health of the woman, including torture.
3. The section applies to married women only.
4. A husband or his relatives can be sentenced to 3 years in jail for subjecting a woman to cruelty under this section.
5. The term 'husband' includes a person in a legal or customary relationship with the woman, such as a live-in partner or a person claiming to be married to her without legal marriage.
6. Complaints under this section can be filed at any time, and there is no limitation period.
7. Offences under Section 498A are cognizable, non-compoundable, and non-bailable.
8. Bail can only be granted by a magistrate after a First Information Report (FIR) has been registered based on a complaint from the aggrieved party.

Supreme Court Rulings on Section 498A:

1. The Supreme Court has emphasised that Section 498A should be used only in cases of actual cruelty.
2. The court stressed the need for thorough police investigation before arrest to prevent unnecessary harassment of the accused.

Impact of the Protection of Women from Domestic Violence Act (PWDVA) 2005:

In response to concerns about Section 498A, the Indian Government enacted the PWDVA in 2005.

• The PWDVA provides a more comprehensive legal framework for addressing domestic violence and abuse against women.

What are non-compoundable and compoundable offenses ?

Feature	Non-Compoundable Offenses (Examples)	Compoundable Offenses (Examples)
Severity of Crime	Serious crimes	Less serious offenses
Victim's Role	Cannot settle or withdraw the case	Can reach a compromise and withdraw the case
Role of the State	Must prosecute to uphold justice	Prosecution may be dropped if a settlement is reached
Cognizability	Mostly cognizable	Can be cognizable or non-cognizable
Court Procedure	Full trial is necessary	Charges may be dropped, no full trial required
Examples	Murder, Rape, Kidnapping, Grievous Hurt, Terrorism	Assault (without grievous hurt), Cheating (under certain conditions), Defamation, Wrongful Restraint

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