Misuse of the 498-A IPC on the Persons Suffering From Disabilities- (An Overview on the Provisions of 498-A I.P.C, & Disability Act in India)

Abstract

The provisions of section 498-A in the Indian Penal Code (in short IPC) are made for the protectIng the women from cruelty form the hands of the Husband and her in-laws, But last more than three decades it has been severely misused, which, too, have been observed in the Judgments passed by the various Hon’ble High courts as well as the Hon’ble Supreme Court of India, concerning about its misuse for personal vendetta and for settling their personal scores. Whereas 2.1% of the Indian population is suffering from disabilities. The Rights of Persons with Disabilities (RPwD) Act, 2016 replaced the old version of the law passed in 1995, but how far it helps in protecting the safeguards for the Disabled ( More precisely called as “specially-abled”) people, who are facing the protracted criminal trials at the instance of the complaint filed under 498-A IPC, having ONLY vague and unsubstantiated allegations.. An attempt has been made to do a comprehensive study analyzing these aspects, in this paper

Keywords: Indian Penal Code, Code of Criminal Procedure, Persons with Disabilities, 498-A IPC, NCRB