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SC on Section 498A: How can Court lay down guidelines when there is a IPC provision?

November 29,2017:

Amicus Curiae V Shekhar and Indu Malhotra concurred with Apex Court Bench. Shekhar remarked that facts and circumstances of each case will have to be considered independently and there cannot be any general guidelines.

Matrimonial Disputes

Apex Court in Rajesh Sharma v. Union of India, in which it had laid down the safeguards to prevent misuse of Section 498A in Indian Penal Code, could soon be overturned by Apex Court’s Larger Bench.

SC’s three-judge Bench headed by CJI Dipak Misra and also comprising of JusticesAM Khanwilkar and Justice DY Chandrachud  has expressed its reservations regarding correctness of the judgment while expounding that,“How can Court lay down the guidelines when there is an IPC provision? We could say that the investigating authority should be circumspect when exercising its power, but why should there be guidelines?”

Supreme Court was hearing the petition filed by a Maharashtra-based NGO, Nyayadhar which had moved Supreme Court raising a limited issue of inclusion of the woman members in Family Welfare Committee sought to be formed as per directions of the judgment.

Case has now been listed for third week of January,2018.


SC Bench comprising Justices Goel and Lalit had passed a judgment laying down the guidelines with a view to curbing spurious dowry harassment claims.

Apex Court Bench had issued a number of directions of which is Constitution of the Family Welfare Committees to vet the cases of the domestic violence by the family members.

According to the guidelines issued, Committees would have to comprise of “paralegal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing”.

Main function of these Committees would be to review complaints the filed under Section 498A of Indian Penal Code and interact with parties involved in these cases. Committees were required to prepare a report of case and submit it to relevant authority.

Apex Court had directed that no arrest will be made pending submission of Committees  report.

Related New & Articles @ Latest Laws:

13.10.2017: SC to review its decision on Misuse of Section 498A, which est. Family Welfare Committees

15.9.2017: Cruelty in Marriage: Analysis of Supreme Court Cases on Section 498A IPC – by Divyansh Hanu Rathi

27.7.2017: Landmark Judgement by Supreme Court to contain misuse of Section 498A IPC, Read Text

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  1. these so called wise judges and feminists never talk about “equal” punishment to liar women. do we have AN apex court.? We have 1 bench Apex court, 2 benchApex court and now 3 bench Apex court. Strangely it is presumed that these judges have more or better brains. What we need is fairness, commonsense, gender justice and equality. What we find is laws designed to enrich the judiciary. Only God can save poor men. Justice cannot be expected from tainted judges.

  2. 498a should not be allowed without DP Act. Since it is all about dowry, make 498a provison a part of DP Act.
    Incorporate mandatory jail for false dowry (498a) case


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