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Cruelty by Husband or Relatives

Overview

Section 84 of the Bharatiya Nyaya Sanhita (which replaces the former Section 498A IPC) criminalizes cruelty committed by a husband or his relatives against a wife.

The provision was enacted primarily to address dowry-related harassment and cruelty.

Gender-Specific Nature

The law applies only to:

  • Husband
  • Husband's relatives

The complainant is the wife.

A husband cannot file a reciprocal complaint against a wife under this section.

Criticism

People argue that:

  1. The offence is not gender-neutral.
  2. Similar conduct by a wife is not covered by an equivalent provision.
  3. False complaints may cause significant hardship even if the accused is later acquitted.