for 22.2% of total cases at the National level. The highest crime rate was
reported from Orissa at 2.3 as compared to 0.5 at the National level.17 But
the statistics do not give a complete picture as many of the cases go
unreported. One of the studies showed that for every reported dowry
violence case almost 229 cases go unreported and unregistered.18
Though 94% cases of cruelty by husbands/relatives under section
498(A) and 304(b) IPC are charge sheeted by the police, conviction rates,
however, in cases of offences u/s 498(a) are between 19-20% and in respect
of offences u/s 304(b) is 32%.
1. The Law says
Section 498A of the Indian Penal Code (IPC), which defines the offence of
matrimonial cruelty, was inserted into the IPC by an amendment in 1983.
Offenders are liable for imprisonment as well as a fine under the section
and the offence is non bailable, non-compoundable and cognizable on a
complaint made to the police officer by the victim or by designated relatives.
The section provides an explanation that elaborates the meaning of cruelty
as follows:
a)
any wilful conduct which is of a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to her life, limb,
or health (whether physical or mental) of the woman; or
b)
harassment of the woman where such harassment is with a view to
coercing her, or any person related to her, to meet any unlawful
demand for any property or valuable security, or is on account of failure
by her or any person related to her to meet such demand.”
2. Role of Police
•
Any demand resulting in mental or physical harassment is a cognizable
offence, under the Dowry Prohibition Act.
Most of the cities have a special Anti-Dowry cell headed by an ACP,
to supervise the handling of dowry related complaints. Dowry related
deaths are investigated by officers in the rank of DSPs.
Harassment complaints can be made to the nearest All Women Police
Station, who can also arrange for counselling.
•
•
17
http://ncrb.nic.in/CII-2009
18
Human Rights and Inhuman Wrongs - Sen,Sankar; Saujanya Books, 2010
34
Manual on Human Rights for Police Officers