Supreme Court Upholds the Validity of Section 84 BNS/498A IPC, Dismisses Misuse Allegations

The Supreme Court has upheld the constitutional validity of Section 84 BNS/498A IPC, which criminalises cruelty against women by husbands or in-laws

A petitioner had challenged that the provision violated Article 14 and contended that, unlike many other countries where domestic violence laws apply equally to all genders, India’s legal framework grants this right only to women. 

The Court dismissed the plea, stating that occasional misuse doesn’t make a law unconstitutional. The misuse needs to be examined on a case-to-case basis. 

The Court said that India is not obliged to follow other jurisdictions: "We maintain our sovereignty. Why should we follow others, they should follow us."

The court reaffirmed the need to protect married women from cruelty.