The NDA government is scrutinizing ways to stem misuse of anti-dowry laws. The home ministry is planning to tweak the controversial Section 498A of the Indian Penal Code to put a stop to its blatant misuse. A new section is expected to be inserted to make offences under it compoundable with the court’s consent, which will permit an accused to escape jail by paying a penalty.
Women were using the anti-dowry law more and more to harass in-laws and restrained police from automatically arresting the husband and his family members on mere lodging of a complaint under Section 498A of the Indian Penal Code.
In favour of changes, the MHA has received feedback from state governments, and it is likely to circulate a draft bill shortly for inter-ministerial consultation.
Presently, under Section 498A IPC, dowry offences are non-bailable, non-compoundable and cognizable where the petitioner cannot withdraw a case. It has no provision for out-of-court settlements.
After consulting states, the MHA plans to make offences compoundable, as said by sources. The permission of the court will be a safeguard against attempts where a wife may be compel into a compromise with her husband and in-laws.
The move to tweak the strong provisions of Section 498A first began in 2012 when the Law Commission advised that the offence be made compoundable. “It has taken the MHA two years to get the views of the states, a majority of which are in favour of changes,” a top official said.
The Apex Court in July had criticised misuse of the law, and citing very low conviction rate in such cases, it directed the state governments to instruct police “not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code”.