Why Supreme Court Wants Changes In Anti-Dowry Law Sections Of Bharatiya Nyaya Sanhita

why supreme court wants changes in anti-dowry law sections of bharatiya nyaya sanhita

New Delhi: The Supreme Court on Friday asked the Centre to consider making necessary changes in sections 85 and 86 of the Bharatiya Nyaya Sanhita to avoid its misuse for lodging false or exaggerated complaints after taking into consideration the pragmatic realities.

Section 85 of the Bharatiya Nyaya Sanhita states, “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” Section 86 expands the definition of “cruelty” to encompass both mental and physical harm to a woman.

The top court said it had asked the Centre 14 years ago to have a relook at the anti-dowry law as exaggerated versions of the incident are reflected in a large number of complaints.

A bench of justices JB Pardiwala and Manoj Misra said it looked into sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, which is to come into force with effect from July 1, so as to ascertain whether the Legislature has seriously looked into the suggestions of the court.

“The aforesaid is nothing but verbatim reproduction of Section 498A of the IPC. 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,” the bench said.

“We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86 respectively of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force,” it added.

The observation from the court came while quashing a dowry harassment case filed by a woman against her husband.

According to the FIR lodged by his wife, the man and his family members allegedly demanded dowry and caused mental and physical trauma to her.

The FIR said the woman’s family had spent a large sum at the time of her wedding and also handed over her “streedhan” to the husband and his family.

However, shortly after the wedding, the husband and his family started harassing her on the false pretext that she had failed to discharge her duties as a wife and daughter-in-law and pressuring her for more dowry.

The bench said a plain reading of the FIR and the charge sheet indicates that the allegations levelled by the woman are quite vague, general and sweeping, specifying no instances of criminal conduct.

The top court directed the registry to send a copy each of this judgment to the Union law and home secretaries, to the government of India who may place it before the Minister for Law and Justice as well as the Minister for Home.

The newly enacted laws — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act — to completely overhaul the country’s criminal justice system will come into effect from July 1.

The three laws got Parliament’s approval on December 21 last year and President Droupadi Murmu gave her assent on December 25.

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