’Will destroy marriages’: Supreme Court recommends changes to Bharatiya Nyay Sanhita days after CJI Chandrachud’s praise

Days after Chief Justice of India DY Chandrachud called the introduction of new criminal laws a watershed moment for the Indian society, the Supreme Court on Friday raised questions on the Bharatiya Nyay Sanhita (BNS) and observed that it had reproduced Section 498A of the Indian Penal Code (IPC) verbatim. The apex court urged the Union government and Parliament to make necessary changes in the new criminal code while considering pragmatic realities. 

Section 498A of IPC dealt with cruelty against the wife by the husband or his relatives.

A bench of Justices JB Pardiwala and Manoj Misra made the observations while quashing a case filed by a wife against her husband and his relatives.

"We request the Legislature to look into the issue, taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86, respectively, of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force," the court said as per Bar and Bench. 

The Supreme Court's observations came during the hearing of an appeal against a Punjab and Haryana High Court order, which refused to quash the proceedings against the husband. The apex court bench observed that the case filed by the wife is pretty vague, sweeping and without a specific instance of criminal conduct. 

"The plain reading of the FIR and the chargesheet papers indicate that the allegations levelled by the First Information Report are quite vague, general and sweeping, specifying no instances of criminal conduct. It is also pertinent to note that no specific date or time of the alleged offence/offences has been disclosed in the FIR. Even the police thought fit to drop the proceedings against the other members of the appellant's family," the Supreme Court said.

Lead to complete destruction of marriage

The Supreme Court observed that such legal methods lead to the complete destruction of marriage on trivial issues and minimise even fair chances of reconciliation between spouses. 

"Many times, the parents, including the close relatives of the wife, make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action, either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about the destruction of marriage on trivial issues. The first thing that comes to mind of the wife, her parents and her relatives is the police as if the police are the panacea of all evil. No sooner the matter reaches up to the police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed," the court stated.