The Supreme Court of India, in the 2025 case of Shivangi Bansal vs Sahib Bansal, has upheld the Allahabad High Court’s guidelines aimed at curbing the misuse of Section 498A of the Indian Penal Code. The directives include a two-month ‘cooling period’ before any coercive action and referral of complaints to a Family Welfare Committee (FWC) for scrutiny.
Background
Section 498A was enacted to protect women from cruelty and harassment in matrimonial settings. However, courts have noted rising misuse, where false complaints led to wrongful arrests.
Judicial Safeguards Introduced Earlier
- Lalita Kumari: Preliminary inquiry before FIRs in matrimonial disputes
- Arnesh Kumar (2014): Checklist and notice before arrests
- Satender Kumar Antil (2022): Strengthened bail protections
- 2008 Code of Criminal Procedure amendment: Principle of necessity for arrests
These measures contributed to a decline in arrests even as 498A cases increased (NCRB data: arrests fell from 187,067 in 2015 to 145,095 in 2022).
Controversy Over Cooling Period and FWCs
While intended to prevent hasty arrests and promote mediation, critics say these measures delay justice and undermine police and judicial autonomy. Similar directions in Rajesh Sharma (2017) were overturned by the Supreme Court in 2018 after public backlash.
Call for Reconsideration
Experts argue that with existing safeguards already reducing arbitrary arrests, the new ruling may hinder timely justice for genuine victims. There is growing demand for the Supreme Court to reassess this balance between preventing misuse and ensuring swift redressal.
