SC Expands Section 498A to Cover Live-in Relationships
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has ruled that Section 498A of the IPC (now Section 85 of BNS) applies to live-in relationships that are in the nature of marriage, extending legal protection against cruelty to unmarried women. This decision adapts the law to changing societal norms and addresses the reality of live-in relationships, particularly in urban areas. It is significant for women's rights and criminal law, as it clarifies the scope of a key provision.
Background
Section 498A of the Indian Penal Code was introduced in 1983 to protect married women from cruelty by husbands and in-laws. The provision has been criticized for misuse, but courts have also recognized its importance. The Supreme Court's ruling now extends its protection to women in live-in relationships, provided the relationship is akin to marriage. This follows a trend of judicial recognition of live-in relationships, such as in the case of Indra Sarma v. V.K.V. Sarma (2013), which laid down criteria for relationships in the nature of marriage.
Key facts
The Supreme Court brought live-in relationships under the ambit of Section 498A of IPC and Section 85 of the Bharatiya Nyaya Sanhita (BNS).
The bench of Justices Sanjay Karol and N K Singh delivered the verdict on August 4, 2026.
The court said that cruelty does not distinguish between married and unmarried women, and the law must adapt to changing societal norms.
Only live-in relationships that are 'in the nature of marriage' will be covered under the provision.
The initial burden of proof will be on the female live-in partner seeking protection under the law.
The court noted the growing instances of misuse of Section 498A and described the trend as 'worrisome'.
The verdict aims to protect women from harassment and cruelty in live-in relationships, which are a reality in urban areas.
The court rejected the plea that Section 498A is confined only to traditionally married women.
Prelims pointers
- Section 498A IPC: Deals with cruelty by husband or relatives of husband.
- Section 85 BNS: Corresponding provision in the Bharatiya Nyaya Sanhita, 2023.
- Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code (IPC) in 2024.
- Supreme Court bench: Justices Sanjay Karol and N K Singh.
- Key judgment date: August 4, 2026.
- Related case: Indra Sarma v. V.K.V. Sarma (2013) on live-in relationships.
- The term 'live-in relationship' is not defined in IPC but has been interpreted by courts.
Mains angles
- Discuss the need for legal protection in live-in relationships and the balance with preventing misuse of laws.
- Critically examine the Supreme Court's interpretation of Section 498A in the context of changing social norms.
- Analyze the implications of this judgment for women's rights and criminal justice system.
- Evaluate the criteria for 'relationship in the nature of marriage' and its practical application.