Expressing grave concerns over the misuse of legal provisions, the Supreme Court has urged Parliament to enact amendments to the corresponding sections in the Bharatiya Nyaya Sanhita. In a recent ruling, the bench comprising Justices JB Pardiwala and Manoj Misra emphasized the need for revisions in Sections 85 and 86 of the newly introduced Bhartiya Nyay Sanhita, 2023.
The court highlighted the striking resemblance between the new provisions in BNS and Section 498A of the IPC, noting that the language was almost identical. This move comes in response to longstanding apprehensions regarding exaggerated claims in complaints filed under Section 498A, echoing concerns previously raised in the case of Preeti Gupta v. State of Jharkhand (2010).
Echoing sentiments from the Preeti Gupta case, Justice JB Pardiwala emphasized the necessity for legislative action to align with pragmatic realities and public sentiment. The court directed the Supreme Court registry to transmit copies of the judgment to the Union Home Minister and Union Minister of Law & Justice, urging their attention to the matter.
The case in question involved a husband filing for divorce citing cruelty, only to face counter allegations under Sections 323, 406, 498A, and 506 of the IPC by the wife. Despite the husband’s plea, the High Court declined to quash the criminal case, citing the absence of mala fide intent as per the Bhajan Lal judgment.
In its ruling, the Supreme Court underscored the importance of discerning oblique motives behind initiating criminal proceedings. The court emphasized the need for a liberal interpretation of category 7 of the Bhajan Lal judgment, especially in cases where complaints are motivated by ulterior motives.
Ultimately, the court quashed the criminal case against the accused, stressing the misuse of Section 498A and cautioning against its mechanical application. The judgment serves as a reminder that matrimonial disputes should be handled with sensitivity, without resorting to legal measures as a means of coercion.
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