Why Supreme Court Asks Centre to Make Changes in the Anti-Dowry Law

The Centre has been urged by the Supreme Court to review Section 85 and 86 of Bhartiya Nyaya Sanhita in order to prevent false or exaggerated complaints.

Section 85 of the law states that anyone who subjects a woman to cruelty, whether it be mental or physical harm, can face imprisonment for up to three years and a fine.

The court had previously requested the Centre to reevaluate the anti-dowry law 14 years ago due to the prevalence of exaggerated complaints. 

Justice JB Pardiwala and Manoj Misra examined section 85 and 86 of the Bharatiya Nyaya Sanhita, which will be enforced from July 1, to determine if the Legislature had taken the court’s suggestion seriously. 

The court noted that the section 86 is essentially a separate provision that mirrors section 498A of IPC, with the only difference being the explanation is now included in section 86 of Bhartiya Nyaya Sanhita 2023.

The court has requested the Legislature to consider the highlighted issue and make necessary changes to sections 85 and 86 of Bharatiya Nyaya Sanhita, 2023, before they come into effect. This request was made in relation to a dowry harassment case that was dismissed by court. 

Cases of dowry reviewed by supreme court

As per the complaints filed by a woman, her husband and his relatives allegedly demanded dowry and subjected her to mental and physical distress. 

The complaint stated that the woman’s family had expended a significant amount during her wedding and also handed over her ‘streedhan’ to the husband and his family. 

However, shortly after the marriage, the husband and his family began tormenting her under the false pretense that she had failed to fulfill her responsibilities as a wife and daughter-in-law, while also pressuring her for additional dowry. 

The court bench observed that a careful examination of the complaint and the charge sheet reveals that the accusations made by the woman are quite vague, general, and sweeping, without specifying any instances of criminal behavior. 

The Supreme Court instructed the registry to send the copy of this judgment to the Union law and home secretaries, as well as to the government of India, who can present it to the Minister for Law and Justice and the Minister for Home. 

The recently enacted laws, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita Act, and the Bharatiya Sakshya Act, which aim to completely revamp the country’s criminal justice system, will be enforced starting from July 1.

These three laws received parliamentary approval on December 21 of the previous year, and President Droupadi Murmu granted her assent on December 25.

What is Bharatiya Nyay Sanhita Bill?

Union Home Minister Amit Shah introduced Bhartiya Nyaya Sanhita Bill, 2023, along with the Bhartiya Nagrik Suraksha Sanhita Bill, 2023 and the Bhartiya Sakshya Bill, 2023 on 11 August 2023. These bills were introduced in order to replace the british-era Indian Penal Code (IPC), Code of Criminal Producer (CrPC), and Indian Evidence Act, and to reform and modernize the law system. 

Bhartiya Nyaya Sanhita Bill: This bill proposes to raise the maximum penalty for sedition from 3 to 7 years. Additionally, it permits self-defense in cases of life-threatening situations such as mob violence, and exempts individuals from prosecution for unintentionally causing harm while communicating with good intentions.