No Arrest In 498A FIRs in 2 Months

Source: Supreme Court  

Why in News? 

Recently Chief Justice of India BR Gavai and Justice AG Masih  upheld the Allahabad High Court’s 2022 guidelines for forming Family Welfare Committees (FWCs) to prevent the misuse of Section 498A Indian Penal Code,1860 (IPC) in matrimonial disputes. The Court directed that these safeguards will remain in force and must be implemented by authorities. 

• The Supreme Court held this in the matter of Shivangi Bansal v. Sahib Bansal (2025). 

What was the Background of Shivangi Bansal v. Sahib Bansal (2025) ? 

• Shivangi Bansal and Sahib Bansal were married on December 5, 2015, at Umrao Farmhouse, Delhi, and had a daughter named Raina born on December 23, 2016. 
• Due to disputes between the parties and their family members, the couple separated on October 4, 2018, after residing together at various locations in Pitampura, Delhi. 
• The wife filed serious criminal cases against the husband and his family under IPC Sections 498A (cruelty), 307 (attempt to murder), 376 (rape), 323, 504, 506, 120B, 377, 313, 342 and Dowry Prohibition Act, along with domestic violence cases and maintenance petitions. 
• The husband filed criminal cases against the wife's family under IPC Sections 365 (kidnapping), 323, 341, 506, 354, 385, 509 and defamation complaints under Sections 500 and 501 IPC, along with divorce and guardianship petitions. 
• As a result of the wife's criminal cases, the husband was jailed for 109 days and his father for 103 days, causing physical and mental trauma to the entire family. 
• Multiple proceedings remained pending across different courts in Delhi and Uttar Pradesh, creating a protracted legal battle between the parties. 
• Both parties eventually expressed willingness to amicably resolve all disputes and settle pending litigations to avoid future litigation and maintain peace. 
• The matter reached the Supreme Court through transfer petitions and special leave petitions, where the Court invoked Article 142 to provide complete justice and dissolve the marriage while quashing all criminal cases. 

What were the Court’s Observations? 

• Section 498A Misuse Concern: The Court expressed serious concern over the increasing tendency among litigants to implicate the husband and his entire family through broad and sweeping allegations in matrimonial disputes, noting that misuse of Section 498A IPC (cruelty offence) has become a recurring problem causing irreparable harm to innocent family members. 
• Assessment of Irreparable Harm: The Court observed that the husband was jailed for 109 days and his father for 103 days due to serious criminal cases filed by the wife, noting that what the husband's family suffered through physical and mental trauma cannot be restituted or compensated in any manner. 
• Endorsement of Family Welfare Committee: The Court endorsed the safeguards laid down by the Allahabad High Court regarding establishment of Family Welfare Committee to prevent misuse of Section 498A IPC and directed that these guidelines shall remain in effect and be implemented by appropriate authorities. 
• Article 142 Invocation for Complete Justice: The Court invoked Article 142 of the Constitution to ensure complete justice, noting both parties' willingness to amicably resolve disputes, and ordered dissolution of marriage while quashing all pending criminal and civil litigations filed by either party. 
• Protection and Prevention Measures: The Court directed police protection for the husband and his family, ordered that the wife shall never use her position as IPS officer against them, and prohibited both parties from filing future litigation arising out of these matrimonial disputes. 
• Child Welfare Priority: The Court emphasized the need for both parties to conduct themselves in a manner conducive to the wellbeing of the minor child, granting custody to the mother with supervised visitation rights for the father and his family. 
• Public Apology for Moral Redress: The Court ordered the wife and her parents to tender an unconditional public apology to the husband's family through national newspapers and social media platforms, recognizing the moral injury caused by false allegations. 
• Prevention of Future Misuse: The Court directed that parties shall not interfere in each other's personal and professional lives, prohibited misuse of official positions, and warned that any breach of conditions would constitute contempt of the Supreme Court. 

What is Cruelty under IPC and BNS ?  

• Cruelty in matrimonial context is defined under Section 498A of the Indian Penal Code, 1860 (IPC) and its corresponding provision Section 86 of the Bharatiya Nyaya Sanhita (BNS). 

What was the Evolution of Section 498A Guidelines ? 

• Rajesh Sharma Guidelines (2017): The Supreme Court in Rajesh Sharma and others v. State of U.P. and another (2017) had laid down comprehensive guidelines similar to the current Family Welfare Committee framework to prevent misuse of Section 498A IPC in matrimonial disputes. 
• Social Action Forum Withdrawal (2018): In 2018, the Supreme Court in Social Action Forum for Manav Adhikar v. Union of India withdrew the Rajesh Sharma directions, holding that the Court cannot fill legislative gaps and such policy decisions should be left to the legislature. 
• Judicial Restraint Reasoning: The Court stated that creating procedural safeguards through judicial directions amounted to judicial overreach and encroachment upon the legislative domain, requiring legislative intervention rather than judicial mandate. 
• Effective Restoration (2025): The current judgment in Shivangi Bansal v. Sahib Bansal has effectively restored the Rajesh Sharma directions to a great extent by endorsing and directing implementation of the Allahabad High Court guidelines for Family Welfare Committees. 

What were the Direction Issued by Court for Cruelty? 

• No arrest or police action shall be made against named accused persons after lodging of FIR or complaints without concluding a "Cooling-Period" of two months from the lodging of the FIR or complaint. 
• During the Cooling-Period, the matter shall be immediately referred to Family Welfare Committee in each district for mediation and resolution attempts. 
• Only cases involving Section 498A IPC along with other sections where imprisonment is less than 10 years (excluding Section 307) shall be transmitted to Family Welfare Committee. 
• Every district shall have at least one or more Family Welfare Committee depending upon geographical size and population, constituted under the District Legal Aid Services Authority with at least three members. 
• The Family Welfare Committee shall comprise young mediators, advocates with up to five years practice, recognized social workers with clean antecedents, retired judicial officers, or educated wives of senior judicial/administrative officers. 
• The Committee shall summon contesting parties along with their four senior elderly persons for personal interaction and shall try to settle issues within two months from lodging of complaint. 
• Members of the Family Welfare Committee shall never be called as witnesses in any subsequent legal proceedings. 
• During deliberation before Committee, police officers shall avoid any arrest or coercive action against named accused persons while continuing peripheral investigation including medical reports and witness statements. 
• The Committee shall prepare a vivid report with all factual aspects and their opinion, referring it to concerned Magistrate/police authorities after expiry of two months. 
• Legal Services Aid Committee shall impart basic training to Family Welfare Committee members (not exceeding one week) and members shall work on pro bono basis or receive basic minimum honorarium fixed by District & Sessions Judge. 
• Investigation of such FIRs containing Section 498A IPC shall be conducted by dynamic Investigating Officers whose integrity is certified after specialized training of not less than one week. 
• When settlement is reached between parties, District & Sessions Judge and other senior judicial officers nominated by him shall have authority to dispose of proceedings including closing of criminal cases. 
• The constitution and function of Family Welfare Committees shall be reviewed periodically by District & Sessions Judge/Principal Judge, Family Court who shall serve as Chairperson or Co-chairperson. 
• The entire mechanism aims to cure societal problems by allowing high-tempered contesting parties to mellow down and resolve misgivings and misunderstandings through structured mediation before criminal prosecution. 

What is the Purpose and Function of Family Welfare Committees (FWCs)? 

• Purpose and Function: Family Welfare Committees (FWCs) are specialized mediation bodies established in each district to prevent misuse of Section 498A IPC (cruelty offence) in matrimonial disputes by providing a two-month cooling period during which no arrests can be made while the committee attempts to resolve conflicts between estranged couples through structured dialogue. 
• Composition and Process: These committees comprise three members including young advocates, social workers, retired judicial officers, or educated spouses of senior officials who summon both parties along with their elderly family members to facilitate amicable settlement of matrimonial disputes before criminal prosecution proceeds. 
• Legal Framework: Constituted under District Legal Aid Services Authority and endorsed by the Supreme Court in 2025, FWCs serve as mandatory screening mechanisms for Section 498A cases (except serious crimes like dowry death), preparing detailed reports for courts while ensuring committee members cannot be called as witnesses in subsequent proceedings.