Husband or relative of husband of woman subjecting her to cruelty.
SYNOPSIS : Section 498A of the Indian Penal Code (IPC) or Section 84 of the Bharathya Nyaya Sanhita (BNS) deals with the criminal offense of cruelty against the woman by her husband or by her husband's relatives. This section was introduced to address the issue of dowry-related harassment and cruelty against married women in India.
Section 498A of the IPC / Section 84 of the BNS
Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
- Explanation.—For the purposes of this section, “cruelty” means—
- (a) any wilful conduct which 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.
Nature of Offense:
This section is primarily concerned with acts of cruelty or harassment committed by a husband or his relatives against the wife. Cruelty, as defined in this context, includes both mental and physical harm. The section is non-bailable, and the police can arrest the accused without a warrant based on a complaint filed by the victim or her relatives.
Punishment
The punishment for an offense under above Section includes imprisonment for a term that may extend up to three years and a fine. The provision is cognizable, non-bailable, and allows the police to arrest the accused without a warrant based on a complaint filed by the victim or her relatives.
Scope of Relatives:
The section applies not only to the husband but also to his relatives. This includes parents, siblings, and other family members who may be accused of subjecting the woman to cruelty.
Dowry Context:
While not explicitly mentioned in the section, the backdrop of dowry-related harassment is implicit. The provision aims to address situations where cruelty is inflicted on a woman due to dowry demands or disputes.
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