Supreme Court endorses Allahabad HC guidelines to curb misuse of 498A IPC, Section 85 BNS

Terming the ordeal faced by the husband and his family “irreparable”, the court said that what they suffered “cannot be resituated or compensated in any manner.”

As a moral redress, it also directed the woman and her family to issue a public apology and get them published in renowned English and Hindi newspapers.

Notably, the Allahabad High Court had referred to the 2018 Supreme Court judgment in the Social Action Forum for Manav Adhikar vs Union of India case. In the case, the apex court had expressed concern over sweeping and vague allegations made against entire families in marital disputes.

The High Court’s decision effectively brings back to the fold key safeguards that were earlier introduced by the Supreme Court in Rajesh Sharma & Ors v State of UP (2017) but later withdrawn in Social Action Forum (2018) on grounds of judicial overreach saying that the court cannot fill in the legislative gaps.

LiveLaw reported that the Supreme Court’s current endorsement marks a revival of many of the protective mechanisms originally laid down in the 2017 Rajesh Sharma case. While the court had earlier stepped back in 2018 citing the need to avoid judicial overreach, the increasing number of false and vindictive cases in matrimonial disputes appears to have triggered this calibrated reversal.

Exercising its powers under Article 142 of the Constitution, the bench not only quashed all pending criminal cases filed by the IPS officer's wife but also dissolved the marriage.

With this ruling, the Supreme Court reiterated its growing unease over the abuse of Section 498A and its new counterpart – Section 85 of the Bharatiya Nyaya Sanhita (BNS) – and underscored the need for institutional checks like Family Welfare Committees to ensure justice for both parties in matrimonial conflicts.

The guidelines of the High Court were as follows, reported by LiveLaw:

(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the "Cooling-Period" which is two months from the lodging of the FIR or the complaint. During this "Cooling-Period", the matter would be immediately referred to Family Welfare Committe(hereinafter referred to as FWC) in the each district.

(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and other sections of the IPC in which the imprisonment is less than 10 years.

(iii) After lodging of the complaint or the FIR, no action should take place without concluding the "Cooling-Period" of two months. During this "Cooling-Period", the matter may be referred to Family Welfare Committee in each districts.

(iv) Every district shall have at least one or more FWC (depending upon the geographical size and population of that district constituted under the District Legal Aid Services Authority) comprising of at least THREE MEMBERS. Its constitution and function shall be reviewed (25) periodically by the District & Sessions Judge/Principal Judge, Family Court of that District, who shall be the Chairperson or Co-chairperson of that district at Legal Service Authority.

(v) The said FWC shall comprise of the following members :

(a) a young mediator from the Mediation Centre of the district or young advocate having the practices up to five years or senior most student of Vth year, Government Law College or the State University or N.L.Us. having good academic track record and who is public spirited young man, OR

(b) well acclaimed and recognized social worker of that district having clean antecedant, OR;

(c) retired judicial officers residing in or nearby district, who can devote time for the object of the proceeding OR; (d) educated wives of senior judicial or administrative officers of the district.

(vi) The member of the FWC shall never be called as a witness.

(vii) Every complaint or application under Section 498A IPC and other allied sections mentioned above, be immediately referred to Family Welfare Committee by the concerned Magistrate. After receiving the said complaint or FIR, the Committee shall summon the contesting parties along with their four senior elderly persons to have personal interaction and would try to settle down the issue/misgivings between them within a period of two months from its lodging. The contesting parties are obliged to appear before the Committee with their four elderly persons (maximum) to have a serious deliberation between them with the aid of members of the Committee.

(viii) The Committee after having proper deliberations, would prepare a vivid report and would refer to the concerned Magistrate/police authorties to whom such complaints are being lodged after expiry of two months by inserting all factual aspects and their opinion in the matter.

(ix) Continue deliberation before the Committee, the police officers shall themselves to avoid any arrest or any coercive action pursuant to the applications or complaint against the named accused persons. However, the Investigating Officer shall continue to have a peripheral investigation into the matter namely preparing a medical report, injury report, the statements of witnesses.

(x) The said report given by the Committee shall be under the consideration of I.O. or the Magistrate on its own merit and thereafter suitable action should be taken by them as per the provision of Code of Criminal Procedure after expiry of the "Cooling-Period" of two months.

(xi) Legal Services Aid Committee shall impart such basic training as may be considered necessary to the members of Family Welfare Committee from time to time(not more than one (26) week).

(xii) Since, this is noble work to cure abrasions in the society where tempos of the contesting parties are very high that they would melow down the heat between them and try to resolve the misgivings and misunderstandings between them. Since, this is a job for public at large, social work, they are acting on a pro bono basis or basic minimum honrarium as fixed by the District & Sessions Judge of every district.

(xiii) The investigation of such FIRs or complaint containing Section 498A IPC and other allied sections as mentioned above, shall be investigated by dynamic Investigating Officers whose integrity is certified after specialized training not less than one week to handle and investigate such matrimonal cases with utmost sincerity and transparancy.

(xiv) When settlement is reached between the parties, it would be open for the District & Sessions Judge and other senior judicial officers nominated by him in the district to dispose of the proceedings including closing of the criminal case.