498A के ख़त्म होने का समय आ गया है ! Supreme Court का Landmark Judgement | 2024 का बड़ा फ़ैसला ।

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Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court requested the Parliament to bring out necessary changes to the new IPC i.e., Bhartiya Nyay Sanhita, 2023 (“BNS”) which contained provisions such Section 85 and 86 akin to Section 498A of IPC. The court noted that the text of the new provisions in BNS is nothing but a verbatim reproduction of Section 498A of the IPC, except with a difference that the Explanation to Section 498A of the IPC, is now by way of a separate provision, i.e., Section 86 of the Bhartiya Nyaya Sanhita, 2023.
Also, in the case of Preeti Gupta Vs State of Jharkhand (2010) court had flagged concern about the reflection of exaggerated versions of the incidents in the Section 498A complaints and invited the attention of the legislature to bring changes to the provision while taking into consideration the pragmatic realities and public opinion.

Legal Report spoke exclusively to top criminal lawyer Vikas Gupta on this historic decision of the Supreme Court. Advocate Vikas Gupta is an expert in Criminal Law and practices in the Supreme Court.

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