Holding

Section 498A of the Indian Penal Code is constitutionally valid and cannot be struck down merely because of the possibility of its misuse.

Summary

The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere possibility of abuse could render the provision ultra vires the Constitution. Relying on precedents, the Court held that a statutory provision that is intra‑vires and constitutionally valid cannot be struck down merely because it may be misused; any abuse pertains to the application of the law, not the law itself. The Court emphasized that it is the legislature’s role to amend or devise safeguards against frivolous complaints, while courts may set aside specific actions that are wrongful. Consequently, the writ petition was dismissed and no guidelines were issued.

Issues considered

Whether Section 498A IPC is unconstitutional or ultra vires on the ground of alleged misuse and possibility of abuse.
Whether the Supreme Court can prescribe guidelines for stringent action against false complainants under Section 498A.
Whether the writ petition under Article 32 can be entertained to strike down the provision.

Legislation cited

Constitution of Indias. Article 32
Criminal Law (Second Amendment) Act, 1983
Indian Evidence Act, 1872s. 113-B
Indian Penal Code, 1860s. 498A

Subjects

Section 498Adowryconstitutional validitymisuse of lawArticle 32criminal lawfalse accusationslegislative amendmentjudicial review

Judgment

A SUSHIL KUMAR SHARMA
v.
UNION OF INDIA AND ORS.

JULY 19,2005

B [ARIJITPASAYAT AND H.K. SEMA,JJ.]

Penal Code-Section 498-A-Constitutional validity of--Held: ls
constitutionally valid and cannot be struck down on the ground of misuse.

C Legislation-Striking down of-Scope-Held: Possibility of abuse of a
provision of law would not invalidate legislation-When there is misuse, it
is for the legislature to find out ways to deal with frivolous complaints and
allegations.

D The grievance o( the petitioner in this writ petition is that innocent
persons are being victimized by unscrupulous persons making false
.accusations under Section 498-A IPC hence the said provision be declared
unconstitutional and ultra vires or in the alternative to formulate guidelines.

Disposing of the writ petition, the Court
E HELD: 1. If a statutory provision is otherwise intra-vires, constitutional
and valid, mere possibility of abuse of power would not make it objectionable,
ultra-vires or unconstitutional. In such cases, "action" and not the "section"
may be vulnerable. If it is so, the court by upholding the provision of law, may
still set aside the action, order or decision and grant appropriate relief to the
F person aggrieved. When a provision of law is misused, it is for the legislature
to amend, modify or repeal it. It rpay, therefore, become necessary for the
legislature to find out ways how the makers of frivolous complaints or
allegations can be appropriately dealt with. Till then the Courts have to take
care of the situation within the existing frame work. (734-E; 735-C; 736-D)

G 2. The object of the provision of Section 498-A IPC is prevention of the
dowry menace. But many instances have come to light where the complaints
are not bonafide and have been filed with oblique motive. In such cases
acquittal of the accused does not in all cases wipe out the ignomy suffered
during and prior to trial. Sometimes adverse media coverage adds to the misery.
i
H 730
SUSHIL KUMAR SHARMA v. U.0.1. 731
The question, therefore, is what remedial measures can be taken to prevent A
abuse or the well-intentioned provi'iion. (736-C]

3.1. There is no question of investigating agency and Courts casually
dealing with the allegations. They cannot follow any straitjacket formula in
the matters relating to· dowry tortures, deaths and cruelty. The ultimate
objective of every legal system is to arrive at truth, punish the guilty and B
protect the innocent. There is no scope for any pre-conceived notion or view.
(736-G]

3.2. The role of the investigating agencies and the courts is that of watch
dog and not of a bloodhound. It should be their effort to see that an innocent
person is not made to suffer on account of unfounded, baseless 'and malicious C
allegations. It is equally indisputable that in many cases no direct evidence is
available and the courts have to act on circumstantial evidence. While dealing
with such cases, the law laid down relating to circumstantial evidence has to
be kept in view. (736-G, H; 737-A]

Thangal Kunju Musaliar v. M. Venkatachalam Potti, Authorised Official D
and Income-Tax officer and Anr., AIR (1956) SC 246 and Budhan Chaudhry
· and Ors. v. State of Bihar, AIR (1955) SC 191, relied on.

Mafatlal Industries Ltd and-Ors. v. Union of India, (1997) 5 SCC 536;
Collector of Customs v. Nathe/la Sampathu Chetty, (19621 3 SCR 786;
Maulavi Hussein Haji Abraham Umarji v. State of Gujarat, [2004) 6 SCC 672; E
Unique Butyle Tube Industries (P) Ltd. v. U.P. Financial Corporation and
Ors., (2003) 2 SCC 455; Padma Sundara Rago (dead) and Ors. v. State, (2002)
3 SCC 533 and Savitri Devi v. Ramesh Chand and Ors., decided by Supreme
Court on 28.11.2003, referred to.

CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 141 of2005.
F

(Under Article 32 of the Constitution of India.)

Petitioner in person.

The Judgment of the Court was delivered by G
ARIJIT PASAYA T, J. By this petition purported to have been filed
under Article 32 of the Constitution of India, 1950 (in short 'the Constitution')
prayer is to declare Section 498A of Indian Penal Code, 1860 (in short 'the
IPC') to be unconstitutional and ultra vires in the alternative to formulate
guidelines so that innocent persons are victimized by unscrupulous persons H
732 SUPREME COURT REPORTS [2005] SUPP. I S.C.R.

A making false accusations.
Further prayer is made that whenever, any court comes to the conclusion
that the allegations made regarding commission of offence under Section 498
IPC are unfounded, stringent action should be taken against person making
the allegations. This according to the petitioner, would discourage persons
B from coming to courts with unclean hands and ulterior motives. Several
instances have been highlighted to show as to how commission of offence
punishable under Section 498A IPC has been made with oblige motive and
with a view to harass the husband, in-laws and relatives.

C According to the petitioner there is no prosecution in these cases but
persecution. Reliance was also placed on a decision rendered by a learned
Single Judge of the Delhi High Court wherein concern was shown about the
increase in number of false and frivolous allegations made. It was pointed out
that accusers are more at fault than the accused. Persons try to take undue
advantage of the sympathies exhibited by the courts in matters relating to
D alleged dowry torture.

Section 498A appears in Chapter XXA of IPC.

Substantive Sections 498A IPC and presumptive Section 113-B of the
Indian Evidence Act. 1872 (in short 'Evidence Act') have been inserted in the
E respective statutes by Criminal Law (Second Amendment) Act, l 983.

Section 498A IPC and Section 113-B of the Evidence Act include in their
amplitude past events of cruelty. Period of operation of Section 113-B of the
Evidence Act is seven years, presumption arises when a woman committed
suicide within a period of seven years from the date of marriage.
F
Section 498 reads as follows:

"498A: Husband or relative of husband of a woman subjecting her
to cruelty-Whoever being the husband or the relative of the husband
of a woman, subjects such woman to cruelty shall be punished with
G imprisonment for a term which may extend to three years and shall
also be liable to fine.

Explanation-For the purpose of this section 'cruelty' means-

(a) any wilful conduct which is of such a nature as is likely to drive
H the woman to commit.suicide or to cause grave injury or danger to
SUSHIL KUMAR SHARMA v. U.0.1. [PASAYAT, J.] 733
life, limb or health (whether mental or physical) of the woman; or A
(b) harassment of the woman where such harassment is with a view
to coercing her or any person related to her to meet any unlawful
demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand."
B
Section 113-B reads as follows:-

"113-B: Presumption as to dowry death-When the question is
whether a person has committed the dowry death of a woman and it
is shown that soon before her death such woman has been subjected
by such person to cruelty or harassment for, or in connection with, C
any demand for dowry, the Court shall presume that such person had
caused the dowry death.

Explanation-For the purpose of this section 'dowry death' shall
have the same meaning as in Section have the same meaning as in
Section 304-B of the Indian Penal Code (45 of 1860)." ,D

Consequences of cruelty which are likely to drive a woman to commit
suicide or to cause grave injury or danger to life, limb or health, whether
mental or physical of the woman is required to be established in order to bring
home the application of Section 498A IPC. Cruelty has been defined in the
explanation for the purpose of Section 498A. It is to be noted that Sections E
304-B and 498A, IPC cannot be held to be mutually inclusive. These provisions
deal with two distinct offences. It is true that cruelty is a common essential
to ·both the Sections and that has to be proved. The explanation to Section
498A gives the meaning of 'cruelty'. In Section 304-B there is no such
explanation about the meaning of 'cruelty'. But having regard to common
background to these offences it has to be taken that the meaning of 'cruelty' F
or 'harassment' is the same as prescribed in the Explanation to Section 498A
under which 'cruelty' by itself amounts to an offence.

The object for which Section 498A IPC was introduced is amply reflected
in the Statement of Objects and Reasons while enacting Criminal Law (Second G
Amendment) Act No. 46 of 1983. As clearly stated therein the increase in
number of dowry deaths is a matter of serious concern. The extent of the evil
has been commented upon by the Joint Committee of the Houses to examines
the work of the Dowry Prohibition Act, 1961. In some cases, cruelty of the
husband and the relatives of the husband which culminate in suicide by or
H
734 SUPREME COURT REPORTS [2005] SUPP. I S.C.R.

_A murder of the helpless woman concerned, which constitute only a small
fraction involving such cruelty. Therefore, it was proposed to amend IPC, the
Code of Criminal Procedure, 1973 (in short 'the Cr.P.C.') and the Evidence Act
suitably to deal effectively not only with cases of dowry deaths but also
cases of cruelty to married women by the husband, in laws and relatives. The
B avowed object is to combat the menance of dowry death and cruelty.

One other provision which is relevant to be noted is Section 306 IPC.
The basic difference between the two Section i.e. Section 306 and Section
498A is that of intention. Under the latter. cruelty committed by the husband
or his relations drag the women concerned to commit suicide, while under the
C former provision suicide is abetted and intended.

It is well settled that mere possibility <?f abuse of a provisions of law
does not per se invalidate a legislation. It must be presumed, unless contrary
is proved, that administrative and application of a particular law woul~ be
done "not with an evil eye and unequal hand" (see A Thangal Kunju MusQ{iar
D v. M Venkatachalam Potti, Authorised Official and Income-Tax officer ~nd
Anr., AIR (I 956) SC 246. '

In Budhan Choudhry and Ors. v. State of Bihar, AIR (1955) SC 191 a '·
contention was raised that a prov~sion of law may not be discriminatory but
it may land itself to abuse bringing about discrimination between the persons
E similarly situated. This court repelled the contention holding that on the
possibility of abuse of a provision by the authority, the legislation may not
be held arbitrary or discriminatory and violative of Article 14 of the Constitution.

From the decided cases in India as well as in United States of America,
the principle appears to be well settled that if a statutory provision is otherwise
F intra-vires, constitutional and valid, mere possibility of abuse of power in a
given case would not make it objectionable, ultra-vires or unconstitutional.
In such cases, "action" and not the "section" may be vulnerable. If it is so,
the court by upholding the provision of law, may still set aside the action;
order or decision and grant appropriate relief of the person aggrieved.
G In Mafatla/ Industries Ltd. and Ors. v. Union of India and Ors., [1997]
5 SCC 536, a Bench of 9 Judges observed that mere possibility of abuse of
a provision by those in charge of administering it cannot be a ground for
. holding a provision procedurally or substantively unreasonable. In Collector ·~
of Customs v. Nathe//a Sampathu Chetty, [ 1962] 3 SCR 786 this Court observed:
H
SUSHILKUMARSHARMAv. U.0.1. [PASAYAT,J.] 735

· "The possibility of abuse of a statute otherwise valid does not impart A
to it any element of invalidity." It was said in State of Rajasthan v.
Union ofIndia, [ 1977] 3 SCC 592 "it must be remembered that merely
because power may sometimes be abused, it is no ground for denying
the existence of power. The wisdom of man has not yet been able to
conceive of a Government with power sufficient to answer all its
legitimate needs and at the same time incapable of mischief." (Also ,B
see: Commissioner, H.R.E. v. Sri Lakshmindra Thirtha Swamiar ofSri
Shirur Meth, [1954] 1005.
/

As observed in Maulavi Hussein Haji Abraham Umarji v. State of
Gujarat, [2004] 6 SCC 672, Unique Butle Tube Industries (P) Ltd v. UP. C
Financial Corporation and Ors., [2003] 2 SCC 455 and Padma Sundara
Rago (dead) and Ors. v. State, [2002] 3 SCC 533. while interpreting a provision,
the Court only interprets the law and cannot legislate it. If a provision of Law
is misused and subjected to the abuse of the process of law, it is for the
legislature to amend, modify or repeal it, if deemed necessary.
D
The judgment of the Delhi High Court on which reliance was made was
rendered in the case of Savitri Devi v. Ramesh Chand and Ors. In that case
while holding that the allegations regarding commission of offence punishable
under Section 498A IPC were not made out. (:ertain observations in general
terms were made about the need for legislative changes. The complaint had
moved this Court against the judgment on merits in SLP (Crl) ..... of 2003 E
entitled Savitri Devi v. Ramesh Chand and Ors. By order dated 28.l l.2003
this Court observed as follows:

"Heard learned counsel for the petitioner.

Delay condoned. F
We do not see any merit in the challenge made to the order of the
High Court in Criminal Revision No. 462 of 2002 on the facts of the
case. the special leave petition is, therefore, dismissed.

At the same time, we express our disapproval of some of the G
generalized views expressed in paragraphs 23 to 32 of the judgment
of the High Court by the learned Single Judge. The learned Judge
ought to have seen that such observations, though may be appropriate
for seminars or workshops, should have been avoided being
incorporated as part of a court judgment. Some of the views also
touch upon Legislative measures and wisdom of legislative policy in H
736 .SUPREME COURT REPORTS [2005] SUPP. 1 S.C.R.

A substance, which according to the learned Judge need to be taken
into account. There was no scope for considering all such matters in
the case which was before the learned Judge. It is therefore, appropriate
that such generalized observations or views should meticulously
avoided by Courts in the judgments."

B Above being the position we find no substance in the plea that Section
498A has no legal or constitutional foundation.

The object of the provision is prevention of the dowry meance. But as
has been rightly contended by the petitioner many instances have come to
light where the complaints are not bonafide an<! have filed with obligue
C motive. In such cases acquittal of the accused does not in all cases wipe out
the ignomy suffered during and prior to trial. Sometimes adverse media coverage
adds to the misery. The question, therefore, is what remedial measures can
be taken to prevent abuse of the well-intentioned provision. Merely because
the provision is constitutional and intra vires, does not give a licence to
D unscrupulous persons to wreck personal vendetta or unleash harassment. It
may, therefore, become necessary for the legislature to find out ways how the
makers of frivolous complaints or allegations 1:an be appropriately dealt with.
Till then the Courts have to take care of the situation within the existing frame
work. As noted the object is to strike at the roots of dowry menace. But by
misuse of the provision a new legal terrorism can be unleashed. The provision
E is intended to be used a shield and not assassins' weapon. If cry of "wolf'
is made too often as a prank assistance and protection may not be available
when the actual "wolf' appears. There is no question of investigating agency
and Courts casually dealing with the allegations. They cannot. follow any
strait jacket formula in the matters relating to dowry tortures, deaths and
R cruelty. It cannot be lost sight of that ultimate objective of every legal system
is to arrive at truth, punish the guilty and protect the innocent. There is no
stope for any pre-conceived notion or view. It is strenuously argued by the
petitioner that the investigating agencies and the courts start with the
presumption that the accused persons are guilty and that the complainant is
speaking the truth. This is too wide available and generalized statement.
G Certain statutory presumption are drawn which again are reputable. It is to
be noted that the role of the investigating agencies and the courts is that of
watch dog and not of a bloodhound. It should be their effort to see that in
innocent person is not made to suffer on account of unfounded, baseless and
malicious allegations. It is equally indisputable that in many cases no direct
H evidence is available and the courts have to act on circumstantial evidence.
SUSHILKUMARSHARMAv. U.0.1.(PASAYAT,J.] 737
While dealing with such cases, the law laid down relating to circumstantial A
evidence has to be kept in view.

Prayer has been made to direct investigation by the Central Bureau of
Investigation (in shon the 'CBI') in certain matters where the petitioner is
arrayed as an accused. We do not find any substance in this plea._ If1he
petitioner wants to prove his innocence, he can do so in the trial, if held. B

The Writ Petition is accordingly disposed of.

D.G. Writ petition disposed of.

""·