What is Section 498A
Cooling-Off Rule for Matrimonial Cruelty Cases: Section 498A of the Indian Penal Code (IPC) was introduced in 1983 to protect married women from being subjected to cruelty by husband or his relatives.
This law criminalizes any wilful conduct that drives a woman to commit suicide or causes grave injury to her life or health.
The offence is cognizable, non-bailable, and carries a punishment of up to 3 years imprisonment and a fine.
Static GK fact: The 1983 amendment to IPC was a landmark moment in Indian criminal law, aimed at curbing rising cases of dowry deaths and domestic violence.
Supreme Court’s Endorsement of Cooling-Off Period
The Supreme Court in 2024 directed the enforcement of a crucial guideline first introduced by the Allahabad High Court in 2022.
According to this, police must allow a two-month cooling-off period before taking action, including arrest, in Section 498A cases.
This move aims to prevent misuse of the law and to allow room for mediation or reconciliation between the couple.
The court noted that false or exaggerated complaints under 498A have sometimes caused irreversible harm to families.
What the Guidelines Mean
During this cooling period, police cannot arrest the accused or take coercive action without the approval of the District Family Welfare Committee.
This helps ensure that arrests are not made in haste and are based on genuine findings.
However, if the case involves grave injury, death, or severe abuse, the police may act immediately under special circumstances.
Static GK Tip: The Law Commission of India in its 243rd report also flagged misuse of Section 498A and suggested safeguards against arbitrary arrests.
Section 85 of the Bharatiya Nyaya Sanhita 2023
Under the new Bharatiya Nyaya Sanhita, 2023, the provisions of Section 498A have been mirrored in Section 85.
The essence and protective scope remain the same, focusing on cruelty by husband or relatives, with similar penalties.
The intent of Section 85 is to continue offering legal protection to women while balancing the rights of the accused.
Static GK fact: The Bharatiya Nyaya Sanhita 2023 replaces colonial-era laws with modern Indian codes, including the replacement of IPC with BNS.
Static Usthadian Current Affairs Table
Cooling-Off Rule for Matrimonial Cruelty Cases:
| Topic | Detail |
| Section 498A | Punishes cruelty to a married woman by husband or relatives |
| Punishment | Up to 3 years imprisonment and a fine |
| Nature of offence | Cognizable and non-bailable |
| Year introduced | 1983 |
| Supreme Court order | Implementation of 2-month cooling-off period |
| Allahabad High Court guidelines | Introduced in 2022 to delay arrests in matrimonial cruelty cases |
| Section 85, BNS 2023 | Similar to Section 498A of IPC |
| Purpose of cooling period | Prevent misuse and allow reconciliation |
| Role of Family Welfare Committee | To approve police action post cooling period |
| Law Commission Report | 243rd report flagged misuse of 498A |
