Before reading important 498-A IPC Judgments, it is very necessary to know about the statutory provision of section 498-A of Indian Penal Code.
Section 498-A of Indian Penal Code : Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
This section has been introduced in the Code by the Criminal Law (Amendment) Act, 1983 (Act 46 of 1983) to combat the menace of dowry deaths. By the same Act section 113A has been added to the Indian Evidence Act, 1872 to raise a presumption regarding abetment of suicide by a married woman.
Ingredients of 498A of the Indian Penal Code (IPC), 1860 are:
(a) The woman must be married;
(b) She must be subjected to cruelty or harassment; and
(c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.
If the validity of the marriage itself is under legal scrutiny, the demand of dowry in respect of an invalid marriage would be legally not recognizable. (Read More)
(Reema Aggarwal v Anupam : AIR 2004 SC 1418)
Concept of cruelty under section 498A IPC, 1860 and its effect under section 306 IPC, 1860 varies from individual to individual also depending upon the social and economic status to which such person belongs. The Supreme Court held that cruelty for the purpose of offence and the said Section need not be physical. Even mental torture or abnormal behaviour may amount to cruelty or harassment in a given case. (Read More)
Gananath Pattnaik v State of Orissa, (2002) 2 SCC 619.
Assault on a woman offends her dignity. It is one thing to say that every wear and tear of married life need not lead to suicide and it is another thing to put it so crudely and suggest that one or two assaults on a woman is an accepted social norm. Judges have to be sensitive to women’s problems. What effect it will have on a woman depends on facts and circumstances of each case. There cannot be any generalization on this issue. (Read More)
Vajresh Venkatray Anvekar v State of Karnataka, AIR 2013 SC 329
Mental cruelty, of course, varies from person to person, depending upon the intensity and the degree of endurance, some may meet with courage and some others suffer in silence, to some it may be unbearable and a weak person may think of ending one’s life. (Read More)
Other Important Judgments on 498-A IPC rendered by Hon’ble Supreme Court & High Courts
Meera Vs. State by the Inspector of Police (Supreme Court)
Read More about other Criminal Matters
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After lodging FIR, the first question comes in mind that how to get anticipatory bail in 498 IPC ?
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