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| Cruelty against woman: SC asks centre to consider making changes in Bharatiya Nyaya Sanhita | | |  Agencies
NEW DELHI, May 3: 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 of 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 J B 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.
"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.
The observation from the apex 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 "stridhan" to the husband and his family. |
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