Discuss how judicial interpretation has expanded the scope of protective criminal law for women beyond formal marriage in India. Illustrate with recent Supreme Court rulings.

Q. Discuss how judicial interpretation has expanded the scope of protective criminal law for women beyond formal marriage in India. (15 marks, 250-350 words)

Protective criminal law for women was historically anchored in the status of "wife" — Section 498A IPC, inserted in 1983, punished cruelty by a husband or his relatives [1]. As live-in unions became a social reality, the judiciary, rather than the legislature, has stretched this protection to de facto relationships through purposive interpretation.

The interpretive route: from status to substance - Courts shifted the test from legal marriage to a "relationship in the nature of marriage" — a standard the legislature itself had used only in civil law, Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 [2]. - In Indra Sarma v. V.K.V. Sarma (2013), the Supreme Court laid down indicators — long cohabitation, shared household, financial interdependence, social recognition — for identifying such relationships [3]. - In Lokesh v. State of Karnataka (August 2026), the Court read "husband" in Section 498A IPC, now Sections 85–86 of the Bharatiya Nyaya Sanhita, 2023 [1], to include a live-in male partner, invoking Article 14: excluding such women from cruelty protection is discriminatory classification [4].

Balancing protection with due process - The expansion is calibrated, not open-ended — not every live-in union qualifies; the woman must first show marriage-like character and mutual intent to marry [4]. - Recognising the criminal, not merely civil, consequence, the Court mandated a preliminary inquiry before arrest, continuing the misuse-curbing line of Arnesh Kumar v. State of Bihar (2014) [5]. - Administratively, police must now establish these threshold facts, adding a fact-finding layer at the complaint stage.

Judicial interpretation has thus made protective criminal law follow the substance of domestic relationships rather than their form, while safeguarding the accused's liberty. The durable solution lies in Parliament codifying these judicially evolved tests, so that protection flows from clear statute rather than case-by-case litigation — advancing Article 14 equality and SDG-5 on gender equality.

(~305 words)

Sources: 1. Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023) — Sections 85 & 86, India Code — cruelty by husband/relative; successor to Section 498A IPC 2. Protection of Women from Domestic Violence Act, 2005, India Code — "relationship in the nature of marriage" in Section 2(f) 3. Supreme Court of India — Judgments portal (Indra Sarma v. V.K.V. Sarma, 2013) — criteria for marriage-like relationships 4. Supreme Court of India — Latest Judgements (Lokesh v. State of Karnataka, 2026) — Section 498A/BNS 85-86 extended to marriage-like live-in relationships; Article 14 ground; intent-to-marry test; pre-arrest inquiry 5. Supreme Court of India — Judgments portal (Arnesh Kumar v. State of Bihar, 2014) — arrest safeguards against misuse of Section 498A