The Truth About Indian Husbands' Domestic Violence Appeals in high courts -1 in 4 continue arrested

Oct 26, 2024

Disclaimer : This statistical analysis is based on 498A case judgements since May 2023, corroborated using Large Language Model (AI) and with meticulous effort exerted. The data has been double-checked for precision, yet it was not procured from courts of India and is not necessarily exact due to the accuracies of LLMs.

As of present, India has seen 1.3 Lakhs cases of domestic violence. For years, married women have suffered maltreatment from their husbands and in-laws. In order to combat this issue, the Indian Government instated IPC Section 498A to protect married women from domestic abuse. Under this legislation, a female can file a complaint with law enforcement which may result in the arrest of her husband and his relatives. Husbands must then prove their innocence.
The legislation in question carries great importance for women's empowerment. Unfortunately, it has wrongfully punished some innocent men. In such cases, husbands and families in India seek relief from higher courts to nullify the charges of 498A, acquire bail or anticipatory bail to avoid arrest and, if jailed, to be released at the earliest.
Based on publicly available data regarding judgments from higher courts on appeals made by accused husbands in cases of domestic violence (498A) since May 2023, the following statistics have been compiled.
Around 208 petitions have been submitted to High Courts by accused husbands to nullify the charges lodged at police stations ,obtain a release, or avert an arrest.

The seven Indian States that are renowned for their appeals are listed below:
HIGH COURT

NUMBER OF APPEALS

Allahabad High Court - 62

Karnataka High Court - 29

Calcutta High Court - 26

Gujarat High Court - 20

Jharkhand High Court - 14

Delhi High Courts - 14

Patna High Court - 13

The results of the case regarding the husbands' appeals to higher courts for relief are outlined below.
Around one third of such allegations are rejected by the higher judiciary, found to be untrue.

Approximately 38% of these allegations are granted provisional protection through bail granting.

Nearly 25% of such accusations are accepted and husbands are put behind bar for trials.

Approximately one fourth of allegations are validated and the husbands are placed under arrest to be tried in court. Of those detained, 40% are quickly/ultimately granted bail. Around 25% of those who appealed in the High Court remain in detention. There are a variety of explanations for this. If you would like to further explore this topic, please join us.

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