Which one of the following cases pertains to the misuse of Section 498 A, IPC (now Section 85 of the…
Preeti Gupta discusses exaggerated matrimonial complaints and over-implication of distant relatives under section 498 A. It quashed the complaint against the appellants for…
Choose your answer
Which one of the following cases pertains to the misuse of Section 498 A, IPC (now Section 85 of the Bharatiya Nyaya Sanhita, 2023)?
Answer and explanation
Correct answer B
Preeti Gupta discusses exaggerated matrimonial complaints and over-implication of distant relatives under section 498 A. It quashed the complaint against the appellants for abuse of process while also acknowledging the seriousness of genuine dowry-harassment cases. Its caution is therefore not a finding that every cruelty complaint is false or that section 498 A was invalid.
Current law: BNS sections 85 and 86 retain the offence and definition of cruelty from 1 July 2024. The need to scrutinize allegations fairly does not dispense with protection for genuine victims; earlier offences remain subject to savings.
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