Even acquittal can't erase scars: SC slams misuse of dowry laws

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband's relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes.

- Utkarsh Anand

A bench comprising justices CT Ravikumar and Rajesh Bindal underscored the long-lasting psychological and social scars of individuals who endure wrongful criminal trials, even if they are ultimately acquitted.

Drawing from its 2010 judgment in Preeti Gupta & Anr Vs State of Jharkhand & Anr, the bench emphasised that exaggerated and general allegations are common in matrimonial disputes, often leading to the unwarranted implication of distant relatives.

"Criminal trials lead to immense suffering for all concerned. Even ultimate acquittal in the trial may not be able to wipe out the deep scars of sufferings of ignominy," noted the court, calling for heightened judicial scrutiny in such cases.

It noted that the term "relative" under Section 498-A of the Indian Penal Code (IPC) -- a provision intended to protect women from cruelty in marital homes, popularly called the anti-dowry law -- lacks a precise statutory definition and should be interpreted narrowly to include individuals closely related by blood, marriage or adoption. Section 498A has been replaced by Section 86 in the Bharatiya Nyaya Sanhita (BNS).

The bench emphasised that courts must carefully consider whether relatives residing in different cities, who have minimal or no involvement in the complainant's life, are being implicated merely to pressure the primary accused.