Section 498A of the Indian Penal Code (IPC) – the most notorious and draconian law – has been controversy’s favorite child. Even before the society started speaking against it, the Govt. had already started doing so.
The Honorable Supreme Court of India through its landmark judgment Joginder Kumar vs. Union of India had instructed the Govt. of India to notify all the police stations to not to arrest people implicated under Section 498A without proper investigation and without the involvement of an officer of the level of DCP.
Unless the Indian police was in the practice of arresting innocents, there was no need for this judgment. This was a clear indication that section 498A was causing social unrest.
The Malimath Committee headed by Dr. Justice V S Malimath in its report of 2003 titled “Reforms in Criminal Justice System”, had made a recommendation for Section 498A to be made bailable and non-cognizable.
Unless the non-bailable and cognizable nature of Section 498A was causing problems, there was no need for the Committee to come up with this recommendation.