Misuse of Law
9 Aug 2021
Law is a system of rules created and implemented by social and governmental
establishments to manage behaviors. As per Article 13, the law involves ordinances,
orders, etc., in the territory of India. Fundamental Rights, under Article 13, test the
validity of the legislation, which are the following:-
(i) A decision enacted by a State Government.
(ii) A government announcement under the Commissions of Inquiry Act introducing a
commission of inquiry.
(iii) A advice or an order under an ordinance.
(iv) An administrative command but administrative guidance is not law within the
meaning of Article 13.
(v) A custom or usage.
(vi) Bye-laws of a municipal or a statutory body.
(vii) Arrangements made by a legal company like the Life Insurance Corporation.
When one uses the law for unfair, malicious, or selfish reasons, it is known as the
Misuse of the Law. This misuse can originate from any part of the legal system, like
litigants, law enforcement, etc., and can have severe consequences on the victims. With
every law, comes misuse of the law, and the law is not accountable for the abuse of the
Misuse of Criminal Law under Section 304B and 498A of IPC
There are several legislations created to stop feminine oppression and abuse, however,
their misuse ends up in harassment of males thanks to false cases. This law associates
with dowry crime, defining dowry as any valuable asset that is given by one party to the
other party during the marriage. Failure to meet the demand leads to the death of the
ladies attributable to continuous coercion physically and mentally or psychological
violence visaged by the ladies. There's a prospect to misuse the legislation by the bride
facet by registering false complaints against the husband and his relatives.
As per knowledge provided by the National Crime Records Bureau, in India, a complete
range of 99,135 cases in 2011, 1,06,527 cases in 2012, and 1,18,866 cases in 2013
were registered underneath Section 498A for cruelty by husband or his relatives.
Through investigation, 10,193 in 2011, 10,235 in 2012, and 10,864 cases in 2013 were
found to be false or stricken by the error of reality or law. Underneath the prevailing
rules, if a dowry harassment case is tested wrong or it's tested that the law was
misused, a penalty of solely Rs 1,000 is obligatory. The amendment, however, provides
for a Rs 15,000 fine. Such misuse of this act can not be an affordable justification to
eradicate or repeal the Act for the essence and objective is to resort to establishing a
society with the potential elimination of the apply of dower system and thereby inflicting
the death of married girls.
The first consequence of unaddressed legal-system abuse for victims is injustice. Civil
judicial proceedings and criminal defense of the innocent impose psychological stress,
typically severe, upon the parties concerned. Such stress can affect physical health
further. Some victims enduring such abuse would possibly even feel they need no
different alternatives however to relocate to a special country. Legal abuse typically
goes hand-in-hand with the dearth of protection or trust of the victim by police. Karin
Huffer, M.S., M.F.T. coined the term Legal Abuse Syndrome (LAS) as a sort of post-
traumatic stress disorder (PTSD) caused by moral violation, legal abuse, betrayal,
abuse of power, abuse of authority, lack of responsibility, and fraud.
Chronic and high-profile legal abuse can affect social groups further, as well as distrust
of the law, enforcement, and also the system.