Days after Chief Justice of India DY Chandrachud hailed the introduction of new criminal laws as a watershed moment for Indian society, the Supreme Court has raised questions about the Bharatiya Nyay Sanhita (BNS), a new criminal code. The court observed that the BNS had reproduced Section 498A of the Indian Penal Code (IPC) verbatim, which deals with cruelty against a wife by her husband or his relatives.
A bench of Justices JB Pardiwala and Manoj Misra made the observations while quashing a case filed by a wife against her husband and his relatives. The court urged the government and Parliament to make necessary changes in Sections 85 and 86 of the BNS, considering pragmatic realities, before the new provisions come into force.
The Supreme Court’s observations came during the hearing of an appeal against a lower court order that refused to quash the proceedings against the husband. The court noted that the case filed by the wife was vague and did not specify any specific instances of criminal conduct.
The court expressed concern that such legal proceedings often lead to the breakdown of marriages on trivial issues, minimizing the chances of reconciliation between spouses. The court stated that parents and relatives of the wife sometimes exaggerate situations, leading to the involvement of the police and the destruction of marriages.
The Supreme Court’s intervention highlights the need for a careful review of the new criminal code to ensure that it aligns with the practical realities of Indian society and does not inadvertently contribute to the breakdown of marital relationships.
