Union Law Minister Arjun Ram Meghwal confirmed a review of BNS Sections 85 and 86, which replicate the repealed IPC Section 498A, due to concerns about misuse and inadequate safeguards for men. This is the first review of the new Indian criminal codes, aimed at preventing frivolous complaints while protecting women from domestic violence.
NEW DELHI: Union Law Minister Arjun Ram Meghwal has announced that discussions are in progress regarding the potential misuse of Sections 85 and 86 of the Bharatiya Nyay Sanhita (BNS), which mirror the now-repealed Section 498A of the Indian Penal Code (IPC). This review comes in response to concerns that, while these sections target domestic violence against women, they may lack sufficient safeguards to prevent abuse, especially against husbands and their families.
This initiative marks the first review of India’s newly introduced criminal codes. In an interview with Mint, Meghwal mentioned that the ministry is working to ensure these laws don’t result in frivolous complaints against men. These sections, designed to protect women from domestic abuse, have faced criticism for alleged misuse, similar to their predecessor, Section 498A of the IPC.
On September 12, the Supreme Court of India raised concerns about Sections 85 and 86 of the BNS replicating Section 498A without addressing necessary safeguards for men. The court pointed out that while the laws were created to protect married women from cruelty, they have become some of the most misused legal provisions in India.
Section 498A of the IPC has been a source of controversy for decades, with critics highlighting its potential for misuse. It has been alleged that some women have used it to make false accusations against their husbands and in-laws, resulting in undue legal harassment. Courts across India have frequently recognized this misuse, often warning against the indiscriminate application of the law.
In August, the Bombay High Court emphasized how elderly and ill individuals are often caught in legal battles due to accusations under Section 498A. While expressing sympathy for genuine victims, the court suggested that many disputes could be resolved amicably if the offence were made compoundable, allowing for settlement between parties.
In recent times, several courts have voiced concerns over the misuse of Section 498A.
In May 2023, the Kerala High Court warned that the law was being used not for justice, but as a tool of revenge in matrimonial disputes. Similarly, in August 2023, the Bombay High Court noted that estranged wives often misuse the Domestic Violence Act to harass their husbands.
In July 2023, the Jharkhand High Court also recognized that while Section 498A was initially introduced to safeguard women from cruelty, it has increasingly been misused as a tool for vindictive purposes. These judicial remarks have intensified discussions on the need to reassess the law and its current applications.
The Bharatiya Nyay Sanhita (BNS), 2023, which recently replaced the IPC, mirrors Section 498A in its Section 85. Although its main objective remains to criminalize domestic violence and cruelty against women, there is growing support for adding safeguards to protect men from false accusations.