FROM SECTION 498A IPC TO THE BHARATIYA NYAYA SANHITA A CRITICAL SOCIO-LEGAL ANALYSIS OF MARITAL CRUELTY

Abstract

The laws and social issues related to domestic violence in India are looked at in depth in this important paper. It investigates the relationship between the 1860 Indian Penal Code (IPC) and pertinent sections of the Bharatiya Nyaya Sanhita (BNS) of 2023. The BNS's legislative history and modifications are scrutinized to determine the extent to which these laws safeguard married women from financial, emotional, psychological, and physical maltreatment, as well as to guarantee procedural justice for accused individuals. This paper explores the history of anti-cruelty laws, the manner in which courts have interpreted them, the identity of those who are concerned about their use, and the impact of societal and cultural factors on their implementation. The paper employs a doctrinal and socio-legal methodology that references legislative provisions, court precedents, and contemporary legal advancements to ascertain whether the BNS enhances the legal foundation for combating marital maltreatment or merely preserves the protections of Section 498A. To achieve justice, equality, and the preservation of women's rights in marriage, it is necessary to implement systemic changes, legal literacy, and judicial understanding.