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Misuse of dowry law: SC cautions lower judiciary

NEW DELHI: The Supreme Court on Tuesday, cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes.

A bench comprising justices y CT Ravikumar and Rajesh Bindal underscored the long-lasting psychological and social scars of individuals who endure wrongful criminal trials, even if they are ultimately acquitted. 

Drawing from its 2010 judgment in Preeti Gupta & Anr Vs State of Jharkhand & Anr, the bench emphasised that exaggerated and general allegations are common in matrimonial disputes, often leading to the unwarranted implication of distant relatives.

“Criminal trials lead to immense suffering for all concerned. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of sufferings of ignominy,” noted the court, calling for heightened judicial scrutiny in such cases.

The SC bench underscored on the psychological and social scars of those who endure wrongful criminal trials

It noted that the term “relative” under Section 498-A of the Indian Penal Code (IPC) — a provision intended to protect women from cruelty in marital homes, popularly called the anti- dowry law lacks a precise statutory definition and should be interpreted narrowly to include individuals closely related by blood, marriage or adoption. Section 498A has been replaced by Section 86 in the Bharatiya Nyaya Sanhita (BNS).

The bench emphasised that courts must carefully consider whether relatives residing in different cities, who have minimal or no involvement in the complainant’s life, are being implicated merely to pressure the primary accused. Referencing judgments such as Geeta Mehrotra & Anr Vs State of Uttar Pradesh (2012) and Kahkashan Kausar @Sonam & Ors Vs State of Bihar (2022), the top court reiterated its stance against implicating relatives based on “general and omnibus allegations”. It clarified that casual references to family members without evidence of active involvement in the alleged harassment do not justify cognisance.

“We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of a person who is not a close relative of the family of the husband is over implication or whether alle gation against any such person is an exaggerated version, in matrimonial disputes of this nature,” said the bench, citing the court rulings in previous cases.

Allegations of harassment by husband’s close relatives living in different cities, who rarely, if ever, visited the complainant. require a different level of scrutiny, according to the bench.

The bench invoked the landmark judgment in State of Haryana Vs Bhajan Lal (1992), which delineates circumstances under which courts can quash frivolous proceedings to prevent abuse of the judicial process.

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