In the wake of Chief Justice of India DY Chandrachud’s recent acclaim of new criminal legislation as a transformative development for Indian society, the Supreme Court has cast doubts on the efficacy of the Bharatiya Nyay Sanhita (BNS). The court, on Friday, highlighted concerns regarding the reproduction of Section 498A of the Indian Penal Code (IPC) within the BNS, urging the government and Parliament to enact necessary revisions.
Section 498A of the IPC pertains to cruelty against wives by husbands or their relatives.
During proceedings, a bench comprising Justices JB Pardiwala and Manoj Misra nullified a case filed by a wife against her husband and his relatives, prompting a call for legislative scrutiny. The court emphasized the importance of considering practical realities in amending Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, prior to their implementation.
The Supreme Court’s intervention arose from an appeal against a Punjab and Haryana High Court decision, which declined to dismiss charges against the husband. The bench criticized the vagueness of the wife’s allegations, noting a lack of specificity and absence of concrete instances of criminal behavior.
Expressing concern over the potential consequences of such legal avenues, the court cautioned against their misuse, citing their propensity to exacerbate marital discord. It lamented the tendency for trivial issues to escalate into grounds for legal action, often leading to irreparable damage to matrimonial bonds.
