SC asks Parliament to consider amending Bharatiya Nyaya Sanhita's provisions on matrimonial cruelty

New Delhi, May 3 (IANS) The Supreme Court on Friday urged the Parliament to consider making necessary changes in the provisions of the Bharatiya Nyaya Sanhita, 2023, providing punishment to the husband and his family for inflicting any cruelty on a married woman.

A bench, headed by Justice J.B. Pardiwala said that Sections 85 and 86 of the new penal code, which is to come into force with effect from July 1, are nothing but verbatim reproduction of Section 498A of the IPC, 1860 and the issue requires a relook by the legislature taking into consideration the pragmatic realities.

"The only difference is that the Explanation to Section 498A of the IPC is now by way of a separate provision, i.e., Section 86 of the Bhartiya Nyaya Sanhita, 2023," it said.

The bench, also comprising Justice Manoj Misra, said that the apex court more than a decade ago had urged a serious relook of the entire provision of matrimonial cruelty by the legislation.

The Supreme Court was considering a special leave petition against an order of the Punjab & Haryana High Court which had declined to quash the charge sheet filed against a husband for the offences punishable under Sections 323, 406, 498A, and 506 of the Indian Penal Code, 1860.

The FIR lodged by the wife alleged that the husband and his family members had demanded dowry and caused mental and physical trauma to her.

Further, she stated that her husband is an alcoholic and used to regularly beat her and treat her inhumanely.

In its order, the apex court noted that the plain reading of the FIR and the charge sheet papers indicate that the allegations levelled are quite vague, general and sweeping, specifying no instances of criminal conduct. It said that if a person is made to face a criminal trial on some general and sweeping allegations without bringing on record any specific instances of criminal conduct, the same is nothing but an abuse of the process of the court.

"We have reached the conclusion that if the criminal proceedings are allowed to continue against the appellant (husband), the same will be nothing short of an abuse of process of law & travesty of justice…(The proceedings) pending in the Court of Judicial Magistrate, First Class, Hisar are hereby quashed," it added.

The Supreme Court ordered its registry to send a copy of the judgment to the Union Law Secretary and Union Home Secretary, who may place it before the Union Minister for Law and Justice as well as the Union Home Minister.

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