The Supreme Court has raised concerns over the reiteration of Section 498A of the repealed Indian Penal Code (IPC) in the new Bharatiya Nagarik Suraksha Sanhita (BNSS) without safeguards to protect husbands and their families from unfounded complaints. Minister of State for Law and Justice, Arjun Ram Meghwal, stated that the Ministry is considering judicial feedback but emphasized that Section 498A, now split into Sections 85 and 86 in BNSS, remains fundamentally unchanged. These sections pertain to crimes of cruelty against women, punishable by up to three years imprisonment and a fine.
Implemented on July 1, the BNSS, along with the Bharatiya Sakshya Adhiniyam (BSA), replaced the IPC, the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. However, cases filed before this date will still be adjudicated under the IPC.
Highlighting the judicial concern, the Supreme Court recently labeled Section 498A as one of the most misused legal provisions in India, often involving frivolous cases. The Court had previously worried about the lack of protections for husbands in the revised law.
To address the enormous backlog in Indian courts, which consists of over 50 million cases, Meghwal noted the Ministry’s efforts in conducting an “ageing analysis” to identify long-pending cases. As of September 18, district courts had 27.3 million pending magisterial cases, primarily petty crimes, as reported by the National Judicial Data Grid (NJDG). He indicated a rise in community service as punishment for such minor offenses under the new codes.
Additionally, over 10.6 million civil and criminal cases are pending in Indian courts, with legal counsel unavailability cited as a major delay factor. To tackle this, the Ministry is emphasizing Alternative Dispute Resolution (ADR) mechanisms like arbitration and mediation. Meghwal elaborated on initiatives to establish India as a global arbitration hub, including drafting rules under the Arbitration and Conciliation Act and forming the Mediation Council of India, expected by year-end. This follows the 2023 Mediation Act, which aims to standardize mediation practices nationwide.
Original Story https://www.livemint.com/news/india/section-498a-ipc-section-85-bns-criminal-codes-domestic-violence-dowry-law-supreme-court-law-ministry-arjun-ram-meghwal-11726631657432.html
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