False Allegations and Gender Justice in India: A Critical Analysis of the Misuse of Section 498A IPC (Section 85 BNS), the Domestic Violence Act, and Rape Laws

Abstract

India's laws against dowry harassment, domestic violence, and sexual crimes were made to fight gender-based injustices that were happening all the time and to give women better legal protections than they had before. The current criticism focuses on the strategic use of unique gender rules in marriage disputes, which leads to criminal trials that often end without a conviction, but still cost the accused and the legal system a lot of money. This paper examines the conflict between victim protection and due process guarantees, particularly in relation to "cruelty by husband or his relatives" as delineated in Section 498A IPC, which has been largely superseded by Section 85 of the Bharatiya Nyaya Sanhita, 2023. It also addresses the methodological shortcomings of the Crime in India 2022 report, including the "principal offence rule" and the impact of recording/reporting practices on statistical data. The paper asserts that an effective reform agenda must be empirically validated, constitutionally sound, and institutionally practicable—improving investigative rigor, curtailing excessive application, and scrutinizing meticulously designed gender-neutral frameworks that protect all victims while recognizing the systemic reality of violence against women.