Supreme Court called for Central government and the Legislature to make necessary changes to the soon-to-enforced Bharatiya Nyay Sanhita (BNS) towards the provision replacing Section 498A of the Indian Penal Code (IPC)
The Court further observed that compelling a married woman to live in her parental home on account of non-fulfillment of demand of dowry would also amount to mental harassment.
Justice Shampa Dutt (Paul) noted that there was no evidence to support the wife's claim that she was mercilessly beaten and also was tortured for dowry.
Jharkhand High Court ruled that failing to provide adequate medical assistance to one's spouse to pressurize them for dowry would fall within the scope of cruelty as defined in Section 498A of the Indian Penal Code.
The bench opined that by such an allegation, the wife has 'assassinated' the character of her own mother-in-law and that the same cannot be side-lined to say that it was a spur of moment, but it was in raged situation.