Jaipur: Government is mulling making bailable offences under Section 498-A of IPC, which allows police to arrest the husband and in-laws of a woman for subjecting her to cruelty.
Union Minister for Law and Justice M Veerappa Moily has voiced concern on the misuse of the provision during a meeting of the Law Commission of India on February 18.
"Efforts have been initiated, we are taking opinion of police administration of each state," Justice Shiv Kumar Sharma, Member Law Commission, told PTI.
He said the process has been started from Rajasthan."A meeting is proposed on February 24 with the state DGP and other top officials to gather suggestions to prevent its misuse," he said.
"After obtaining a detailed opinion from across the country, we will submit our report suggesting necessary amendment including a suggestion to make offence under section 498-A bailable," Justice Sharma said.
According to this section, which was added in year 1983, a woman or her relative can file file a complaint against her husband and his relatives for subjecting her to cruelty and the offence is non-bailable.
Recently, a division bench of Supreme Court comprising Justices Dalveer Bhandari and K S Radhakrishnan while sending a copy of its judgement delivered on August 17, 2010 to Union Law Minister, had suggested suitable changes in the law.
The bench observed, "We come across a large number of such complaints which are not even bona fide and are filed with oblique motives.
"It is also a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases," it said.
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