Section 498A: Centre can review Domestic Violence Act

This development came after the Supreme Court expressed concerns over the incorporation of Section 498A of the now-repealed Indian Penal Code into the BNS without adequately protecting husbands and their dependents from frivolous complaints.

In the nearly three months since the BNS came into force, the ministry has received feedback from the Supreme Court on the provision, said Meghwal, who is the independent minister of state for the Ministry of Law and Justice.

“We have so far received a judicial explanation on Section 498A that it will remain unchanged in the new law and we are taking up the issues raised in all the court hearings that reach us. The issue of Section 498A is related to crimes of cruelty against women. We are currently discussing it,” he said.

On July 1, the Union government enacted the BNS, Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), replacing the IPC, the Criminal Procedure Code (CrPC) and the Indian Evidence Act, respectively.

However, it was informed that cases filed before July 1 will continue to be decided under the IPC.

Section 498A, which was added to the IPC in 1983 to curb the rise in dowry-related crimes against women, has been retained unchanged in the new law. It contained a penal provision and an additional explanation defining “cruelty”. In the BNS, these two components have been split into sections 85 and 86, respectively under the category of crimes against women and children. To be clear, the law remains unchanged.

Cruelty to women by their husbands or in-laws is punishable by three years in prison and a fine.

Last week, the Supreme Court in a judgment found that Section 498A was one of the most abused provisions in the country and was involved in a significant number of frivolous cases.

In early May, the Supreme Court said it was worrying that Section 498A of the BNS remained unchanged and no provisions were made to protect the husband.

Arbitration proceedings

To deal with the rising number of pending cases – over 50 million cases – in Indian courts, Meghwal said the ministry is conducting an “age analysis” to identify cases that have been pending for a long time. “We are doing an age analysis… how old are pending cases… and the reason for pendency… to understand the cause of delay. It is possible that the person who filed the case does not exist or that a witness does not appear in court… and the court cannot decide until it hears all the witnesses.”

According to the National Judicial Data Grid (NJDG), as of September 18, there were 27.3 million cases pending in district courts, including petty offences. Meghwal said the use of community service as punishment in petty offences has increased following the introduction of new penal laws.

In addition, there were more than 5.6 million civil cases, over 2.5 million criminal cases and as many as 2.5 million appeals pending in Indian courts, according to NJDG data. The most common reason for delays was the lack of availability of legal counsel.

The Law Ministry is also focusing on alternative dispute resolution (ADR) mechanisms such as arbitration and mediation to curb the increasing number of pending litigation, Meghwal said.

Arbitration and mediation are methods of resolving disputes outside of court. The parties select a person or group to make a decision or reach an amicable settlement.

Asked about the steps taken to make India a global arbitration hub – a focus of the ministry when Meghwal took over – he said, “It is all part of the ADR mechanisms. We are working on setting up the Mediation Council of India and discussing ways to improve the arbitration ecosystem after the Union Finance Ministry pointed out certain issues.”

Meghwal said mint that the Justice Department is currently drafting rules for the Arbitration and Conciliation Act, the country's main arbitration law, and is attempting to address the issues raised in the Treasury Department's June statement.

The Department of Expenditure in the Ministry of Finance issued an office memorandum in June to all branches of government, including state governments and public sector undertakings (PSUs), to initiate arbitration proceedings worth over ₹10 Crore because it is expensive and time-consuming and to use mediation instead in such cases. The advisory even asked the beneficiaries to file suit in court instead of going for arbitration.

Based on the Mediation Act passed in 2023, the government plans to set up an Indian Mediation Council, which will, among other things, decide on the conduct of mediation across the country and register mediators. mint It was previously reported that the government will constitute the council by the end of the year. Although some provisions regarding the council, such as the salaries of future officials, have been announced, the council has not yet been constituted.