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july 2005

Supreme Court of India · 2005-07-19

SUSHILKUMAR SHARMA vs UNION OF INDIA .

Citation / case number
SC 2005/6079
Court
Supreme Court of India
Petitioner
SUSHILKUMAR SHARMA
Respondent
UNION OF INDIA .
Author
Arijit Pasayat
Bench
H.K. SEMA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the constitutionality of Section 498A IPC, emphasizing the need for safeguards against misuse of the provision. The Court held that while the provision aims to protect women from cruelty, it must not be misused for harassment. The Court suggested formulating guidelines to prevent false accusations and emphasized that stringent action should be taken against those making unfounded allegations, thereby balancing the rights of the accused and the intent of the law under Article 32 of the Constitution.

SUSHILKUMAR SHARMA vs UNION OF INDIA . · Niyam