CHAPTER 3 Section 498A, IPC and BNS

Section 498A IPC

Section 498A of the Indian Penal Code 1860, a legislative enactment by the Indian Parliament
in the year 1983, stands as a pivotal measure in the realm of criminal law within the Indian
legal framework. This statute delineates the legal repercussions for instances of cruelty inflicted
upon married women by their husbands or relatives thereof. Under the purview of this law, any
such acts of cruelty, encompassing various forms of physical, emotional, or psychological
abuse, can lead to severe punitive measures. Offenders found guilty may face imprisonment
for a duration of up to three years, alongside potential fines. The significance of Section 498A
extends beyond mere legal jargon; it serves as a beacon of hope and protection for women
subjected to violence within the confines of their matrimonial homes. This provision represents
a critical response to the alarming prevalence of domestic violence, shedding light on the stark
realities faced by countless women behind closed doors. By criminalizing such behavior and
providing a legal recourse for victims, Section 498A embodies a crucial step in addressing the
pervasive issue of Violence Against Women (VAW) in Indian society. It stands as a testament
to the nation's commitment to safeguarding the rights and dignity of women, underscoring the
imperative of combating domestic abuse and fostering a culture of gender equality and justice.

Acts of Domestic Violence?

Within the spectrum of abuse, there exist various insidious manifestations that afflict victims
with enduring scars, both physical and psychological. Among these, physical violence emerges
as a brutal force, manifesting through acts such as slapping, hitting, kicking, and even merciless
beatings, leaving behind a trail of bodily harm and trauma. Equally distressing is the specter of
sexual violence, where victims are subjected to coerced sexual intercourse and other forms of
sexual exploitation, violating their autonomy and dignity in the most egregious manner.
However, the arsenal of abuse extends beyond mere physicality, delving into the realm of
emotional torment. Here, perpetrators wield psychological weaponry, inflicting wounds
through insults, belittlement, and a ceaseless barrage of humiliation, eroding the victim's sense
of self-worth and agency. The psychological landscape is further marred by intimidation and
threats, where victims live under a perpetual shadow of harm, coerced into submission through
the looming specter of danger. Moreover, the insidious nature of abuse often intertwines with
elements of control, as perpetrators seek to dominate every aspect of the victim's life. This
control manifests in isolating the victim from their support network, monitoring their every
move, and imposing restrictions on essential resources such as finances, employment
opportunities, education, and even access to medical care, thus entrapping them in a web of
dependency and subjugation. In essence, abuse transcends mere physicality; it is a
multidimensional affliction that corrodes the very fabric of an individual's existence, leaving
behind scars that may never fully heal.

What is “Cruelty”?

The word „cruelty‟ has been described in broad terms so as to include causing physical or
mental harm to the body or health of the woman and indulging in acts of harassment with a
view to coerce her or her relations to meet any unlawful demand for any property or valuable
protection.

Need of Section 498A

The section was enacted to deal with the threat of dowry deaths. It was implemented in the
code by the Criminal Law Reform Act, 1983 (Act 46 of 1983). By the same Act, Section 113-
A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide
by a married woman. The main aim of the I.P.C section

498-A is to shield a woman who is being abused by her husband or husband’s relatives.

Harassment for dowry falls within the sweeping of the Section’s latter limb and creating a
condition that pushes the woman to commit suicide is also one of the ingredients of ‘cruelties’.
It states that if such a woman is subjected to cruelty by a husband or relative of a woman’s
husband, he shall be punished with imprisonment for a period of up to three years and also
liable to fine. The crime under

BHARATIYA NYAYA SANHITA (BNS)

The Bharatiya Nyaya Sanhita (BNS), enacted in 2023, marks a momentous transformation in
India's criminal justice system as it replaces the Indian Penal Code (IPC) of 1860, a
foundational legal document that had guided the nation's approach to criminal law for over a
century and a half. This shift is the result of an extensive review and reform process
spearheaded by a committee under the leadership of Ranbir Singh in 20201. This process aimed
to modernize India's legal framework, ensuring it remains in line with the evolving societal
values and contemporary legal principles.

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The BNS is structured to provide enhanced safety and protection for individuals, communities,
and the nation as a whole. It places a strong emphasis on aligning legal standards with the
constitutional values of justice, equality, and human dignity. By doing so, the BNS represents
a careful synthesis of time-honored traditions and modern perspectives, ensuring that India's
legal order reflects the complexities and nuances of its contemporary society.

One of the significant aspirations of the Bharatiya Nyaya Sanhita is to create a legal system
that is more just and equitable for all citizens, regardless of their background. This means
addressing the historical challenges and disparities that may have existed in the previous legal
system and introducing measures that promote fairness and transparency in legal proceedings.

By enacting the BNS, India demonstrates its commitment to advancing its legal system and
aligning it with global standards while also honoring its unique cultural and historical context.
The implementation of the Bharatiya Nyaya Sanhita signifies a forward-looking approach that
aims to uphold and strengthen the principles of justice and dignity for generations to come,
fostering a more harmonious and secure society.

Evolution from IPC Section 498 to BNS Sections 85 and 86

The change from Section 498 of the Indian Penal Code (IPC) to Sections 85 and 86 of the
Bharatiya Nyaya Samhita (BNS) brings important updates to India’s laws for protecting women
from domestic violence and harassment.

Under Section 498 of the IPC, the focus was on cruelty by a husband or his family towards the
wife, often in the context of marriage. This included forcing the wife or her family to give
money or property and causing physical or mental harm.

The BNS updates this approach in Sections 85 and 86 to better address a wider range of
domestic relationships and different forms of cruelty and harassment. Section 85 covers acts of
cruelty against women within any domestic relationship, not just marriage. It includes behavior
that could lead a woman to attempt suicide or suffer serious harm, as well as harassment to
pressure her or her family to meet illegal demands.

Section 86 of the BNS broadens the definition of “cruelty” to include behavior that might drive
a woman to attempt suicide or suffer serious harm.
Section 85 also sets the consequences for those who commit such acts of cruelty. They can face
up to three years in prison and fines.

The new law makes it clear that harming a woman's mental well-being is considered cruelty.
In the old law, Section 85 had a penalty for the husband or in-laws being cruel to the woman,
including up to three years in jail. The old law did not define what counts as cruelty, but the
new law explains it, as mentioned above

The new law takes into account research on Indian family structures, showing how newly
married women who move in with their husbands and in-laws may be vulnerable. While the
old Section 498A and the new Section 84 in the Bharatiya Nyaya Sanhita (BNS) defined cruelty
in a similar way, the new BNS explicitly explains what cruelty is.

The new law mentions the mental well-being of women and includes clear rules about harming
a woman’s mental health. It introduces penalties for such cruelty and provides a clear definition
of what counts as cruelty, which is a crucial step in protecting women's rights. The BNS also
updates outdated terms like “unsound mind” and “lunacy” to “mental illness” and “mental
health.”

Additionally, there are other changes, such as Section 73, which imposes up to two years in
prison for publishing court proceedings if it could reveal the identity of a rape victim.