NEW DELHI: Noting that provisions on cruelty against a woman in the Bharatiya Nyaya Sanhita was nothing by verbatim reproduction of Section 498A of the IPC, the Supreme Court on Friday asked the Centre to consider making necessary changes in Sections 85 and 86 of the new law to avoid its misuse for false complaints.
“The aforesaid (sections 85 and 86) 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,” a Bench of Justice JB Pardiwala and Justice Manoj Misra 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,” the Bench said.
Already notified by the Central Government, Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam- will come into effect from July 1, 2024.
The top court’s observations came while allowing an appeal filed by one Achin Gupta against the April 5, 2022, verdict of the Punjab and Haryana High Court refusing to quash an FIR lodged against him by his wife for alleged dowry demand and cruelty at the Urban Estate Hisar Police Station, District Hisar in Haryana.
A plain reading of the FIR and the charge sheet indicated that the allegations levelled by the woman were quite vague, general and sweeping, specifying no instances of criminal conduct, the Bench said while quashing the FIR.
The top court directed its Registry “to send one copy each of this judgment to the Union Law Secretary and Union Home Secretary, to the Government of India who may place it before the Hon’ble Minister for Law and Justice as well as the Hon’ble Minister for Home.”
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 include both mental and physical harm to a woman.
The Bench said it had asked the Centre 14 years ago to have a relook at the anti-dowry law as exaggerated versions of the incident were reflected in a large number of complaints.