Anti-dowry IPC section 498A is being misused as a tool to unleash 'legal terrorism': Calcutta HC

The Calcutta High Court (HC) has shed light on the misuse of Section 498A of the Indian Penal Code (IPC), a provision aimed at addressing harassment or cruelty against women by their husbands or in-laws. As per a TOI report, the HC expressed concerns that this section is sometimes employed as a tool for what it termed "legal terrorism" in the guise of seeking justice. The case in question involved a man who was accused of domestic violence by his ex-wife, prompting criminal proceedings against him.

Justice Subhendu Samanta, presiding over the case, remarked, "The legislature enacted the provision of Section 498A to strike out the dowry menace from society. But it is observed that in several cases, the said provision is being misused." The judge further stated that the current criminal proceedings seemed to stem from a personal grudge rather than genuine concern for justice.

In what the judge described as an abuse of the court's process, the evidence and witness statements presented were deemed insufficient to substantiate the allegations against the husband and his in-laws. The couple had separated legally in 2018 while police investigations were ongoing. The chargesheet in both cases filed by the estranged wife had been submitted, with statements from her parents and a neighbor included. Notably, the neighbor reported hearing quarrels but couldn't definitively identify the "aggressor."


The wife's medical report, included in the case file, indicated no signs of injury. The husband's lawyer, Ayan Bhattacharjee, highlighted that after obtaining anticipatory bail, the wife lodged another complaint with the same police station, this time accusing her in-laws of domestic violence.

The case has led the court to question the appropriate application of Section 498A in cases where evidence appears to be lacking or when the provision is possibly being misused.