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Police Often Prejudiced, Casual in Section 498A Cases": Bombay High Court


 the Bombay High Court made strong observations on how police authorities often act in a biased and mechanical manner while dealing with cases under Section 498A of the Indian Penal Code (IPC) — the law meant to protect women from cruelty by their husbands and in-laws.

The Court stated that instead of conducting fair and impartial investigations, many police officers tend to show a prejudiced mindset, treating every accused as guilty from the beginning. The bench remarked that in such sensitive cases, police are expected to act responsibly and not casually, as their actions can ruin innocent lives.

 What is Section 498A?

Section 498A IPC is a criminal law provision enacted to protect married women from cruelty or harassment by their husbands or his relatives. It covers:

  • Physical or mental cruelty
  • Harassment for dowry
  • Any act likely to drive a woman to suicide or serious harm

While the intention of the law is noble, the misuse or careless handling of such cases can lead to injustice.

 The Case 

The Court was hearing a petition filed by a man and his family seeking to quash criminal proceedings under Section 498A, which they claimed were false and malicious. After reviewing the investigation, the Court found that:

  • The police had not verified facts properly
  • No fair attempt was made to hear both sides
  • The complaint seemed vague and lacking evidence

This prompted the Court to note that police often act in haste and without applying their mind, especially in cases involving marital disputes.

 Human Impact: Both Sides Matter

Justice was the central concern here. The High Court underlined a crucial truth — while real victims must be protected, the law shouldn’t be used as a tool for vengeance. False or exaggerated complaints can:

  • Break families apart
  • Lead to wrongful arrests
  • Cause emotional trauma, especially to elderly family members

Hence, the need for balanced, unbiased, and thorough investigation is more important than ever.

The Bombay High Court concluded by stating that police officers need proper training in dealing with matrimonial disputes under 498A. They should:

  • Avoid knee-jerk FIRs
  • Consider mediation or counselling where appropriate
  • Distinguish genuine cases from exaggerated or false ones
  • Only then can justice be truly served — for the victims, the accused, and society .

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