New Delhi: The Supreme Court has raised serious questions about certain provisions of the Indian Judicial Code, just two months before its implementation. The court has urged the Central Government and the legislature to reconsider and make appropriate changes to Sections 85 and 86 of the Indian Judicial Code to prevent false allegations of harassment against women.
In its decision, the bench comprising Justice JB Pardiwala and Justice Manoj Mishra highlighted that Sections 85 and 86 of the Indian Judicial Code are similar to Section 498 (A) of the IPC. However, the court emphasized that the explanation provided in Section 86 needs reconsideration to curb the rising trend of false complaints. The court has requested the legislature to make necessary changes to these sections before the implementation of the Indian Judicial Code, 2023, which is scheduled to come into effect from July 1.
Sections 85 and 86 of the Indian Judicial Code pertain to the punishment for subjecting a woman to cruelty and provide a detailed explanation of "cruelty," including both mental and physical harm inflicted on the victim woman.
The bench directed the registry to send copies of its decision to the Union Law Secretary and Home Secretary, who will present it to the Law and Justice Minister and the Home Minister along with their recommendations and comments.
The court's concerns stem from the need to prevent misuse of the law, similar to the issues faced with Section 498A of the IPC, which deals with dowry harassment complaints. The bench mentioned that it had raised concerns about Section 498A of the IPC 14 years ago due to the exaggeration of incidents in dowry harassment complaints.
The court's decision came while canceling a dowry harassment case filed by a woman against her husband. The court noted that the woman's allegations were vague and lacked specific examples of criminal conduct.
The three new criminal laws, which are set to be implemented from July 1, were approved by the Parliament on December 21 last year and received President Draupadi Murmu's consent and signature on December 25.
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