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New Judgement on 498a #lawyer #legal #law
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The latest Supreme Court judgement on Section 498A of the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS) focuses on preventing its misuse. Here's a summary:
* **Concerns about Misuse of 498A:** The court expressed concern that Section 498A, which deals with cruelty against women in marriage, is sometimes misused. They cautioned against using the police machinery to harass spouses [1, 2, 3].
* **BNS Replication and Safeguards:** The recently implemented BNS has provisions similar to Section 498A. The court highlighted the lack of safeguards for husbands and relatives in the BNS against frivolous complaints [1, 2, 3].
* **Call for Legislative Changes:** The Supreme Court urged the legislature to consider necessary changes in Sections 85 and 86 of the BNS to offer protection against misuse, similar to the safeguards needed for Section 498A [1, 2, 3].
* **Focus on Genuine Cases:** The judgement emphasizes that Section 498A should be applied only in genuine cases of cruelty. Minor marital arguments or disagreements shouldn't be grounds for invoking this section [2, 4].
**It's important to note:**
* The judgement doesn't abolish Section 498A or its equivalent in the BNS.
* It aims to prevent misuse and ensure the law protects women from genuine cruelty.
If you're facing issues related to domestic violence, you should seek legal advice to understand your rights and options.
* **Concerns about Misuse of 498A:** The court expressed concern that Section 498A, which deals with cruelty against women in marriage, is sometimes misused. They cautioned against using the police machinery to harass spouses [1, 2, 3].
* **BNS Replication and Safeguards:** The recently implemented BNS has provisions similar to Section 498A. The court highlighted the lack of safeguards for husbands and relatives in the BNS against frivolous complaints [1, 2, 3].
* **Call for Legislative Changes:** The Supreme Court urged the legislature to consider necessary changes in Sections 85 and 86 of the BNS to offer protection against misuse, similar to the safeguards needed for Section 498A [1, 2, 3].
* **Focus on Genuine Cases:** The judgement emphasizes that Section 498A should be applied only in genuine cases of cruelty. Minor marital arguments or disagreements shouldn't be grounds for invoking this section [2, 4].
**It's important to note:**
* The judgement doesn't abolish Section 498A or its equivalent in the BNS.
* It aims to prevent misuse and ensure the law protects women from genuine cruelty.
If you're facing issues related to domestic violence, you should seek legal advice to understand your rights and options.
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