498A Misuse – LOK SABHA UNSTARRED QUESTION

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

LOK SABHA UNSTARRED QUESTION NO 3306 TO BE ANSWERED ON 21.12.2004

MISUSE OF SECTION 498-A OF IPC

3306. SHRI CHANDRA SEKHAR SAHU Will the Minister of HOME AFFAIRS be pleased to state:-

(a) whether Section 498-A of IPC regarding demand for dowry is being abused at large by the bride/her parents; ;

(b) if so, whether any committee has recommended to the Government to make changes in the above section or to abolish the same in view of its misuse;

(c) if so, the details in this regard;

(d) the details of criteria/guidelines followed in registering a case on receipt of a complaint in such cases;

(e) the number of cases that have been registered under the above section in Delhi, Police Station-wise particularly in Mangolpuri Police Station during -2004 till date; and

(f) the provisions/remedy available for affected person and the action taken against persons making bogus complaints and false allegations?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI MANIKRAO HODLYA GAVIT)

(a) to (c): The Malimath Committee on Reforms of Criminal Justice System and the Law Commissioner of India have, interalia, reviewed the provision of Section 498A of IPC. On the basis of the recommendations made by the Malimath Committee in its Report and also on the basis of the recommendations made by the Law Commission in its 154th Report on the Code of Criminal Procedure, 1973, it has been proposed in the Criminal Law (Amendment) Bill, 2003, introduced in the Rajya Sabha on 22nd August, 2003, to make the offence at Section 498A IPC a compoundable one.

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(d): The criteria/guidelines followed in registering a case under section 498-A is similar to registering any other congnizable offence as laid down in the Code of Criminal Procedure, 1973.

(e): A statement is enclosed. 17 such cases have been registered in Mangolpuri Police Station during the period. Complaint under section 498A IPC is usually registered along with section 406 IPC .

(f): Sections 182 and 211 of IPC provide punishment for making wrong complaint and false charge of offence. Similarly Section 358 of Cr. P.C. deals with cases of groundless arrests.

Annexure ‘A’

Detail of Cases registered under section 498-A IPC including
406/498-A IPC ( Police Stations-wise ) during the year 2004 (upto 30/11/04)

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