'498-A has become a tool for extorting money': Top lawyer reacts to Bengaluru techie suicide

The suicide of Bengaluru-based techie Atul Subhash has sparked intense debate over the alleged misuse of Section 498-A of the Indian Penal Code (IPC), with top lawyers voicing concerns and suggesting reforms. Subhash, who allegedly faced harassment from his wife and her family, died by suicide in the early hours of December 9.  

Senior Advocate Vikas Pahwa called for urgent attention to the issue, stating that the misuse of Section 498-A is undermining the social fabric of society. "I think it's a very serious matter. Being a criminal lawyer for now over three decades, I have seen how 498-A has been misused by our own people — legal fraternity, police machinery, and the disgruntled women who have filed cases. This incident has triggered the controversy and has brought the issue before the people of the country," Pahwa told news agency ANI.

He highlighted that false allegations under 498-A often target not just the husband but also his relatives, including in-laws, with most cases aimed at coercing settlements involving money. "I am not saying that there are no genuine cases; there are, but a majority of them are filed to persuade the husband to settle the matter through some money. Every day in Delhi HC, we have cases being settled between husbands and wives. There are hundreds of them, and why are they being settled — because it involves money, it is being paid. This has become a tool for extorting money." 

Pahwa suggested making Section 498-A bailable, introducing gender-neutral provisions to allow husbands to file complaints against harassment by wives, and requiring mandatory mediation before filing cases. He also called for holding individuals accountable for false cases.  

Bar Council of India Chairman Manan Kumar Mishra called the incident "very unfortunate" and echoed concerns over the misuse of Section 498-A. "The 498-A is being misused a lot these days, and the number of genuine cases in this has gone down. The courts have become liberal, but there is still a need for changes in this, like an inquiry should be done before filing a first information report," Mishra said.  

Supreme Court Advocate Juhi Arora urged introspection and highlighted the need to address such issues to prevent suicides. "We receive news that a husband committed suicide and left a suicide note clearly alleging that his wife and her family members harassed him, demanded extortion, and filed fake cases against him. Does this not raise a question in the minds of all, that if we highlight this issue, can it save the lives of people who might think of ending their lives in the face of such a situation?"  

Bengaluru's Deputy Commissioner of Police (DCP), Whitefield, Shivakumar, confirmed that Subhash died by suicide on December 9 and that a complaint was lodged at the Marathahalli police station. "Multiple cases were running against him in Uttar Pradesh. His wife and her family members demanded money from him to settle this issue and harassed him. For those reasons, he died by suicide," he said.  

The deceased's brother, Bikas Kumar, later filed a complaint accusing Subhash's wife, mother-in-law, brother-in-law, and uncle-in-law of mental and physical harassment. He alleged they had demanded Rs 3 crore to settle ongoing disputes, which ultimately led to Subhash’s suicide.