Misuse of Sec. 498A of IPC - Advisory issued by Ministry of Home Affairs, Govt. of India - Kerala police circular

                                                                                   U1/18390/12/PHQ

 Police Headquarters, Kerala 

Thiruvananthapuram-695 010

                                                                                       Dated: 02/10/2012 

CIRCULAR No: 28/2012

Sub:  Misuse of Sec. 498A of IPC - Advisory issued by Ministry of Home 

Affairs, Govt. of India - Instructions issued - Reg. 

Read:  Lr. No. 3/5/2008 – Judl. Cell dated 16/01/2012 of the MHA,  

Govt. of India. 

The Ministry of Home Affairs, Government of India, vide the reference read 

above, have issued an Advisory on measures to be taken to curb the misuse of  

Sec. 498A of IPC.  

Sec. 498A of IPC relates to the punishment for any cruelty inflicted on married 

women by the husband and relatives. But in many instances of marital discord, 

provisions of Sec. 498A of IPC are seen misused. In the light of the above Advisory 

of Government of India, the following instructions are issued.  

(1) The powers of the arrest on complaints relating to  offence under  

Sec. 498A of IPC are to be exercised carefully and cautiously, since it is laid down 

that the power of arrest without a warrant should be exercised only after a reasonable 

satisfaction is reached, after some investigation, as to the genuineness and bonafides 

of a complaint and a reasonable belief as to both the person’s complicity as well as 

the need to effect arrest. In matrimonial disputes, it may not be necessary in all cases 

to immediately exercise the powers of arrest. Recourse may be initially taken to 

dispute settlement mechanism such as conciliation,  mediation, counselling of the 

parties etc. In view of the above, arrest of the accused in Sec. 498A of IPC cases shall 

be done only with proper care and caution. Arrest under Sec. 498A of IPC on the 

basis of a complaint should be done only with written order of the Police officer of 

the level of District Police Chief or equivalent and it should be ensured that there is 

sufficient material for arresting the accused and charge sheeting the case.  

In short, arrest should be an exception, only in very deserving cases, and not done as 

a regular/routine exercise.  

  (2) The service of professionally trained family counselors shall be utilized 

for conciliation and mediation between the spouses  and their families so that 

frivolous cases are screened at the initial stage itself and Sec. 498A of IPC is invoked 

in rare cases.  

(3) The process of counselling by the Police Department should be made 

professional by involving qualified counselors and  reputed NGO’s so that people 

have more confidence in the mechanism and arrive at some settlement without the 

use of Sec. 498A of IPC. Even after the process of counseling, if the District Police 

Chief is not satisfied with the result, provision of Sec. 498A of IPC may be invoked. 

The District Police Chief may consider empanelling professional counselors with the 

Women cell working at district level. 

(4) In case of juveniles, Sec. 498A of IPC should not be invoked.  

However, in case of any aberrations, the Police must ensure that the children are put 

under the care of Child Welfare Committee. 

All District Police Chief’s should furnish a quarterly statement to PHQ 

mentioning the number of complaints under Sec. 498A of IPC and the arrest made 

there under. 

All are instructed to ensure that the above directions are carried out in dealing 

the offence under Sec. 498A of IPC.  

                                                                                           Sd/- 

Director General of Police &  

State Police Chief, Kerala 

To 

All Officers in List 'B' 

Copy to: Circular Book/Stock File