Misuse Of Section 498AA Of IPC- Allahabad HC Issues Guidelines

Introduction

Under Chapter XX-A, Section 498A of Indian Penal Code, any kind of violence or extortion against a woman by her husband or his relatives, is considered as “cruelty” towards her. It is a criminal offence, with the imprisonment of term not more than 3 years and may also with a fine along with the punishment. The offence under this section is cognizable and non-bailable and therefore, it has been often misused by the wives against their husbands and in-laws.

Recently, the Allahabad High Court in the criminal revision of 2022¹ of Mukesh Bansal v. State of UP & Anrs² reiterated the precedent of the Hon'ble Supreme Court and directed to constitute Family Welfare Committees (FWC) in pursuant to the complaints under Section 498A, so as to ensure that the innocents are not exploited at the hands of the provisions which has been enacted with the purpose to provide security to the victims of domestic violence and to avoid the violation of the judgements