NEW DELHI: In what could raise the hackles of women's rights activists, the Law Commission has recommended to the Centre that the strict law dealing with dowry offences be made compoundable - a move that will allow an accused to escape a jail term by paying a fine.
The recommendation to alter the tough provisions of Section 498A of the Indian Penal Code comes in the backdrop of Supreme Court suggesting it may be time to re-examine the law in the context of its misuse by women to lodge false or exaggerated complaints against husbands and their relatives.
The relief to an accused will have to be overseen by the court which must be convinced that the offence can be compounded. But while the suggestion will be welcomed by anti-Section 498A campaigners, women's organizations are likely to point to the continued prevalence of the social evil of dowry and helpless position of women in their marital homes.
"The pros and cons have been considered after extensive deliberations and a conclusion has been reached that Section 498A should be made compoundable as suggested by the Supreme Court," the commission said. The permission of the court concerned would be a safeguard to dispel apprehensions that the wife could be coerced into a compromise with her in-laws.
If the Law Commission's views pass muster, a husband and his relatives facing trial under Section 498A could pay fine and compensation to the complainant. Parliament had inserted Section 498A in IPC with effect from December 25, 1983 with a view to punishing husbands and their relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry.
At present, anyone found guilty under Section 498A can be punished with a jail term up to three years and also be asked to pay fine. Bail is usually not easy to avail for a dowry-related offence.
Other offences the commission feels can be compounded include causing of simple hurt by use of dangerous weapons (Section 324), which too attracts a maximum punishment of three years jail term, and those found guilty of the offence of rioting (Section 147 providing for maximum two-year jail term).
While Section 498A is a tangible deterrent against cruelty to a woman in her matrimonial home, the courts, especially the Supreme Court, have expressed concern about its abuse after coming across several cases where women lodged false complaints to settle scores leading to arrest and harassment of husband and his relatives.
The commission examined the issue from this aspect and its chairman Justice P V Reddi has sent a report to the government recommending that "Section 498A should be made compoundable with the permission of the court".
This means that although the threat of arrest looming over a husband and his relatives named in the wife's 498A complaint may not ease, the accused can plead before the court for compounding of the offence by agreeing to payment of fine.
"The other aspects relating to Section 498A - whether it should be made bailable and what steps are to be taken to minimize the alleged misuse and to facilitate reconciliation - will be the subject matter of a separate report which is under preparation," said the commission's report submitted to law minister Salman Khurshid.
The commission also recommended that offences under Section 324 (voluntarily causing hurt by dangerous weapons) should be made compoundable only with the permission of the court. At present, the offence is punishable with a maximum sentence of three years imprisonment. But the commission said the act of causing grievous hurt by use of dangerous weapons under Section 326 should not be made compoundable.
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The commission said the government could also think of compounding the following offences:
* Section 380 (theft in a dwelling house) subject to the proviso that the value of property stolen is not more than Rs 50,000. Those guilty under this provision could get a maximum sentence of 7 years jail term.
* Section 384 (extortion) which attracts a maximum punishment of 3 years imprisonment.
* Section 385 (extortion by putting a person in fear of injury) attracting a maximum 2 year imprisonment.
* Section 461 (dishonestly breaking open receptacle containing property); maximum punishment 2 years.
* Section 489 (tampering with property mark with intent to cause injury); maximum punishment of 1 year jail term
* Section 507 (criminal intimidation by an anonymous communication): maximum punishment 2 year imprisonment; Commission puts a rider saying compounding shall be confined to criminal intimidation falling within the first part of Section 506
