The Supreme Court on Friday asked the Center to consider making necessary changes in Sections 85 and 86 of the Indian Judicial Code (BNS) to avoid misuse of it to file false complaints. Section 85 of the Indian Judicial Code states, ‘If the husband of a woman or her husband’s relative commits cruelty to that woman, he will be punished with imprisonment for 3 years. Besides, he may also have to pay a fine.
In fact, the definition of ‘cruelty’ in Section 86 of the Indian Judicial Code includes causing both mental and physical harm to a woman. The Supreme Court said that it had asked the Central Government 14 years ago to reconsider the anti-dowry law because the incident was exaggerated in the large number of complaints filed.
Indian Judicial Code will come into effect from July 1
In this case, the bench of Justice JB Pardiwala and Justice Manoj Mishra heard the hearing in the Supreme Court. The bench said that it will look into Sections 85 and 86 of the Indian Judicial Code, 2023 respectively, to find out whether the legislature has seriously considered the Supreme Court suggestion or not. Since, the Indian Judicial Code is to be implemented from July 1st.
Family members caused mental trauma due to demand of dowry
Actually, this comment of the Supreme Court came while quashing the dowry-harassment case filed by a woman against her husband. Whereas, according to the FIR lodged by the victim woman, the man and his family members allegedly But he demanded dowry and caused mental and physical trauma to her.
Woman’s allegation- family had spent huge amount at the time of marriage
The FIR states that the woman’s family had spent a huge amount at the time of her marriage and had also handed over their ‘Stridhan’ to the husband and his family. However, after some time of marriage, the husband and his family started harassing her on false pretexts.
Court gave instructions to send copy of registry to all departments
The bench said that a reading of the FIR and the charge sheet shows that the allegations made by the woman are very vague, general and broad, in which no example of criminal conduct has been given. However, the Supreme Court directed the Registry to send a copy each of this judgment to the Union Law and Home Secretaries, Central Government, who can place it before the Law and Justice Minister as well as the Home Minister.
