New Delhi: With the Supreme Court endorsing the Allahabad High Court’s 2022 guidelines to prevent the misuse of Section 498A of the Indian Penal Code, police complaints seeking registration of an FIR under this section will now be vetted by a Family Welfare Committee (FWC) before any arrest or coercive action can be taken against the accused.
Section 498A calls for imprisonment of up to three years and a fine, or both, for a husband or his family members, if convicted of subjecting the wife to cruelty. Allahabad HC’s 2022 guidelines also apply to Section 85 of the Bharatiya Nyaya Sanhita (BNS), which is a reflection of Section 498A of the IPC.
A Supreme Court bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih backed the high court’s guidelines during a hearing Tuesday of cross-transfer petitions in a matrimonial dispute involving an Indian Police Service officer and her estranged husband.
The bench dissolved the marriage under Article 142 of the Constitution, citing irretrievable breakdown. The wife had filed multiple criminal cases against her husband and his family, including under Sections 498A, 307 (attempt to murder), and 376 (rape).
Noting the trauma faced by the husband—who spent 109 days in custody, while his father was jailed for 103 days—the court directed the wife and her parents to issue a public apology to them through national English and Hindi newspapers, as well as on social media. The apology would not, however, be construed as an admission of liability, the court said.
The court awarded primary custody of the couple’s minor daughter to the wife, granted visitation rights to the husband, and directed police protection for the husband’s family. The IPS officer was warned not to misuse her official position to harass her in-laws.
The court also directed that the guidelines framed by the high court in 2022 will remain in effect and should be implemented by the authorities.
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HC guidelines & family welfare committee
In June 2022, the Allahabad High Court laid down a comprehensive framework to address the growing “misuse of Section 498A”—a provision that criminalises cruelty against wife by the husband or his relatives. The court noted a troubling trend of false and exaggerated allegations being made, often implicating the husband’s entire family.
Taking cue from the 2018 Supreme Court decision in Social Action Forum for Manav Adhikar vs Union of India, the high court proposed the establishment of Family Welfare Committees at the district level to screen complaints prior to any police action against the accused under the IPC section.
At the heart of the framework lies a mandatory two-month “cooling-off period” from the lodging of FIR or complaint, during which no arrest or coercive action is allowed. Instead, the case is referred to an FWC for preliminary review and conciliation efforts.
Each district is required to establish one or more FWCs with at least three members under the supervision of the District Legal Services Authority. Their performance is to be periodically reviewed by the principal district and sessions judge or the principal judge of the family court.
The composition of each FWC is designed to ensure neutrality, competence, and public integrity. Members may include young mediators from district mediation centres, junior advocates, final-year law students from reputed law schools, respected social workers, retired judicial officers or spouses of senior administrative or judicial officials.
FWCs are tasked with engaging both parties and up to four elders from each side to facilitate dialogue and mediation. Within the two-month period, the committee must submit a detailed report to the magistrate or investigating officer, summarising its interactions, observations, and its opinion on whether the complaint appears genuine or motivated.
Not all complaints qualify for FWC scrutiny. Only those under Section 498A of the IPC and related offences punishable by less than 10 years of imprisonment are referred.
Serious offences—such as attempted murder under Section 307 or rape under Section 376—are explicitly excluded. This ensures that FWCs do not delay justice in cases involving grave physical or sexual harm.
During the two-month window, the police are barred from making arrests but may carry out basic investigative steps—such as recording statements or collecting medical evidence—to preserve the integrity of the case.
A key safeguard is that FWC members cannot be summoned as witnesses, thereby maintaining the confidentiality of the process. Members are expected to serve pro bono or for a nominal honorarium fixed by the district judge. To ensure effectiveness, the DLSA is required to provide basic training in mediation and matrimonial conflict resolution.
If the FWC succeeds in achieving reconciliation or determines that the complaint is frivolous, the district judge or another designated senior judicial officer may close the criminal case. If an investigation is still deemed necessary, it must be conducted by specially trained police officers who are known for their integrity and are equipped to handle sensitive matrimonial disputes.
In its 2022 ruling, the Allahabad High Court expressed serious concern about the misuse of Section 498A in northern India. It observed that almost every matrimonial complaint was being exaggerated with “pungent and caustic allegations of dowry-related atrocities,” implicating not only the husband but his entire family.
Ruchi Bhattar is an alum of ThePrint School of Journalism
(Edited by Nida Fatima Siddiqui)