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 Section 498A (Now BNS 85 & 86)

Section 498A of the Indian Penal Code (IPC), now reflected in Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), addresses the issue of cruelty against women by their husbands or relatives. It aims to protect married women from harassment and abuse, particularly in cases related to dowry demands. While intended to safeguard women, it has also faced criticism regarding potential misuse and its impact on both men and women. 

Key aspects of Section 498A (now BNS 85 & 86):

• Definition of Cruelty:

Section 86 of the BNS defines cruelty as actions or behaviors intended to cause harm, such as driving a woman to suicide, causing serious injury, or both. 

• Scope:

It applies to women in domestic relationships, including wives, mothers, sisters, daughters, and live-in partners, protecting them from violence by husbands, male partners, or other household members. 

• Punishment:

If found guilty, the accused may face imprisonment up to three years and a fine. 

• Cognizable and non-bailable:

The offense is generally cognizable (meaning the police can arrest without a warrant) and non-bailable. However, some states have changed it to non-cognizable, and courts often grant bail, especially for older relatives. 

• Potential for Misuse:

Concerns exist about the possibility of falsely implicating individuals in 498A cases, leading to legal battles and emotional distress for those accused. 

• Safeguards:

Legal safeguards are in place to address potential misuse, including preliminary inquiries before arrest, the possibility of bail, and the potential to quash FIRs (First Information Reports) if no prima facie case exists. 

In essence, Section 498A (BNS 85 & 86) is a crucial legal provision aimed at protecting women from cruelty but also requires careful application to avoid misuse and ensure justice for all parties involved. 

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