To amend 498-A IPC in light of the recent decisons of Hon'ble SCI & stakeholders

Hon’ble Supreme Court of India in ARNESH KUMAR VERSUS STATE OF BIHAR & ANR. CRIMINAL APPEAL NO. 1277 OF 2014 (SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) Date: 2 July 2014 has observed
“The rate of charge-sheeting in cases under Section 498A, IPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal”

Ministry of Home Affairs RTI reply dated 17 January 2014 No: 16/6/2014-Judl.Cell


The Law Commission of India in its 243rd Report on Section 498-A of Indian Penal Code , 1860 recommended for certain amendments to the provision of CrPC/IPC. As the Criminal Law and Criminal Procedure are in the concurrent List of the Constitution Of India and are implemented by the State Governments. The comments of some state Governments are awaited. A decision in the matter will be taken after receipts of the comments of the State Governments


Amendment to Law is made on the basis of the recommendations of the Law Commission and various commissions/committees set up in this regard and thereafter the consultation of the State Governments and other stake holders. Presently, the Report of the Law Commission has been referred to the State Government for comments. A final decision in this matter will be taken after receiving the comments of the Stakeholders in this regard

Ministry of Home Affairs ( Judicial Cell) No: 16/6/2014-Judl.Cell
dated October 2014
Judicial division of the Ministry of Home Affairs deals only with the legislative aspects of the Code of Criminal procedure and the Indian Penal Code. These are the concurrent list to the constitution of India and implemented by State Governments/UTs by their law enforcing agencies. No data regarding the affective implementation of the provision of law is maintained in this Ministry. As regard to the amendment of the provision of law is maintained in this Ministry. As regard amendment to the provision of the law , it is stated that law commission in its 243rd Report on the section 498-A of the Indian Penal code , 1860 recommended for certain amendments to the provisions of Cr.P.C/IPC. Necessary action for such amendment is being taken in consultation with the stakeholders

RTI files across the country .Only following states has furnished information under RTI rest of states declined to fwd the infromation

Haryana state:
Vide Letter No: 2742/CAW-5 dated 19/3/14 has informed that Necessary comments/Suggestions has been send to the Govt of India, MHA, New Delhi vide office memo No> 10133/CAW-3 dated 06.08.2013

1 Recommendation of Law Commission on Section 498-A of IPC:

The Law commission in point No 19.6 of Report No 243 has recommended that the offence under section 498-A should remain non bailable it has been suggested in the report that s safeguards against arbitrary and unwarranted arrests lies in strictly observing the letter and spirit of the conditions laid down in Section 41 and 41-A of Cr.P.C relating to the power of arrest and sensitizing the police on the modalities to be observed in cases of this nature. The need for custodial interrogation should be carefully assessed. Over-reaction and inaction are equally wrong. Police should take necessary steps to ensure safety of the complainant and to prevent further acts of the harassment
The Department agrees with the recommendations the law commission that the offence should be non bailable


GOVERNMENT OF KERALA:

Home (C ) Department , Thiruvananthapuram dated 09.01.2014 vide letter dated. 91191/C2/2012/ Home forwarded their comments to Joint secretary(Judicial) that the offence under section 498-A of IPC should remain non bailable in order to curb the misuse of the same

Government of Maharashtra:

Vide letter No WCDD/WD/RTI/3491 dated 10/06/2014 the women and Child Department has not forwarded any comments regarding this points to the Government
Government of Punjab:

Vide letter No 491/WC dated 20/05/2011 informed Govt of India that its better to made it as bailable enclosing the copy of report on consultation paper cum questionnaire with regard to 498-A of the IPC prepared by Punjab State Law Commission

3) Do you think that making the offence bailable is the proper solution to the problem? Will it be counter productive?

Yes, the Government of India, Ministry of Home Affairs had sent a copy of letter received from the Rajya Sabha Secretariat regarding amendment of section 498-A of the Indian Penal Code. This Commission had sent its comments on the matter in which it was started that the provision is being largely misused to cause unaware, unexpected and harsh treatment and loss of liberty to the innocent members/relations of the in-laws family of the women. This commission recommended that Section 498-A of the Indian Penal Code be suitably amended to male it bailable. Every law is required to be made neutral to protect the interest of any innocent, be it man or woman. The offence should be made bailable. There appears to be less chance of amendment becoming counter productive as it gives equal opportunity to the accused in laws to put their view of their problem before the investigation officer so as to enable him to save the marriage by reconciling differences but at the same time keeping in mind that the wife may not suffer further humiliation in any manner and complaint loses its value. The need is to sensitize the police force on such subjects and only experienced officer may be entrusted with such investigation.


Govt of Tamil Nadu:
Vide Rc No 104205/RTI-II(2)/2014 Dated 07.08.2014 has informed that necessary information may be obtained from the Government

Govt of Telangana
Vide letter No. G1/49/RTI-Act/2014 dated 05-07-2014 has informed “ yes, recommendations were made to law commission of India with regards to amendments to the provision of Cr.P.C/IPC


Thus how long the current Govt remains inactive or seeking the plea that opinion of the stakeholders are awaited before final decison is made for amendment..In the interest of justice,kindly take approparaite actions and amend the 498-A through parliament of india.Please sign maximum with comments so taht represnetation could be made to Govt for necessary action

YOGESH MAHAJAN