Scribd
Upload
193 views

498A Ipc

The Supreme Court acquitted a man convicted under Section 498A (cruelty by husband or relatives) of the Indian Penal Code for the death of his brother's wife. The bench found that the case against the man was not proven beyond reasonable doubt. The prosecution had alleged that the man, along with his brother and father, had demanded dowry and harassed the deceased woman. However, the court noted that apart from vague allegations by witnesses, no specific instances of demands or hostility were cited. Independent witnesses also turned hostile. Therefore, the ingredients of Section 498A were not proven against the man as required. He was discharged after being out on bail since 2010.

Uploaded by

Vinay Kumar Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
193 views

498A Ipc

The Supreme Court acquitted a man convicted under Section 498A (cruelty by husband or relatives) of the Indian Penal Code for the death of his brother's wife. The bench found that the case against the man was not proven beyond reasonable doubt. The prosecution had alleged that the man, along with his brother and father, had demanded dowry and harassed the deceased woman. However, the court noted that apart from vague allegations by witnesses, no specific instances of demands or hostility were cited. Independent witnesses also turned hostile. Therefore, the ingredients of Section 498A were not proven against the man as required. He was discharged after being out on bail since 2010.

Uploaded by

Vinay Kumar Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 26

S C o n S ec t io n

498A of IPC
Nimay Sah v. State of Jharkhand, 2020 SCC OnLine SC

982, 02.12.2020
1 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates
Supreme Court: The bench of NV Ramana and Surya

Kant, JJ has acquitted a man convicted under Section

498-A read with Section 34 IPC for the death of his

brother’s wife after it was found that the case against

him was not proved beyond doubt.

2 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Chapter XX-A (Ins. by Criminal Law (Second

Amendment) Act, 1983 (Act 46 of 1983), S. 2.)

OF CRUELTY BY HUSBAND OR RELATIVES OF

HUSBAND

3 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


498-A. 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.

4 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Explanation.—For the purposes 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

5 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


(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.]

6 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Important Case Laws

Constitutionality of Section 498-A, affirmed, Social

Action Forum for Manav Adhikar v. Union of India, (2018)

10 SCC 443.

7 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


To bring home the charge under Section 498-A, held,

cruelty is the necessary ingredient which is needed to be

proved, State of Maharashtra v. Ashok Narayan

Dandalwar, (2000) 9 SCC 257.

8 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Social Action Forum for Manav Adhikar v. Union of India,

(2018) 10 SCC 443

Sweeping directions contained in Rajesh Sharma, (2018)

10 SCC 472 regarding Family Welfare Committees, and

regarding power of Sessions Judge to settle cases, set

aside.

9 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Further, directions contained regarding preliminary

enquiry, arrest, investigation, designation and training of

investigating officers, bail, impounding of passport, Red

Corner Notice, clubbing of matters, exemption from

appearance, affirmed with modifications.

10 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Rajesh Sharma v. State of U.P., 2017 SCC OnLine SC 821

It is a matter of serious concern that large number of

cases continue to be filed under Section 498-A alleging

harassment of married women and that most of such

complaints are filed in the heat of the moment over

trivial issues & many are not bona fide.

11 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Rajesh Sharma v. State of U.P., (2018) 10 SCC 472

There is need to check tendency to rope in all family

members by making omnibus allegations to settle

matrimonial disputes.

12 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


The fact that most of such complaints were filed in heat

of moment over trivial issues and were not bona fide,

taken judicial notice of.

13 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Besides, uncalled for arrests ruin chances of settlement

and even when settlement is arrived at, proceedings

continue since offence under Section 498-A is non-

compoundable resulting in uncalled hardship to parties.

Hence, safeguards, against uncalled for arrest or

insensitive investigation necessary.

14 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Facts of the Present Case

Allegedly, after several instances of abuse at her

matrimonial home, the deceased went to live with her

parents.

15 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


On the fateful day, her husband came to visit her and

took her for a walk but came back alone and hurriedly

packed his belongings to leave.

When confronted about the whereabouts of the

deceased, he said that the deceased was attending the

call of nature and would be back soon.

16 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


He left thereafter.

When the deceased did not return after an hour, the

complainant started searching for her and she was

ultimately found dead, near a canal with strangulation

marks on her neck.

17 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Deceased’s husband, Brother-in-law (the appellant

herein) and Father-in-law were convicted under Section

498-A read with Section 34 IPC.

18 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


In the present appeal, the deceased’s brother-in-law

contended that the prosecution story comprises of vague

allegations, unsubstantiated by evidence and that the

entire family has been roped in this case.

Thus, the conviction of the appellant cannot be

sustained.

19 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


The prosecution had alleged that the appellant in the

present case, had, along with his brother and father,

demanded dowry of Rs. 10,000 from the family of the

deceased at the time of the vidai ceremony and had

continued to harass her for the non-payment of the same.

20 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Decision
On perusal of the testimonies of the witnesses, the Court

noticed that deceased’s father had named the appellant-

accused in the same breath along with other accused

persons and their family members accusing them of

troubling the deceased for demand of dowry of Rs.

10,000/-.
21 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates
However, apart from the vague allegations, no specific

instance of hostile attitude or persistent demands of

dowry have been pointed out by any of the witnesses.

All other independent witnesses have turned hostile and

have not supported the prosecution story.

22 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


Also, the paternal uncle of the deceased and a witness

named in the FIR, has not supported the prosecution

story.

23 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


The Court, hence, concluded that on consideration of the

oral testimonies of the witnesses, the ingredients of

Section 498-A IPC have not been proved against the

appellant by the prosecution at the standard of beyond

reasonable doubt and, hence, acquitted the appellant.

24 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


The Court also discharged the bail bonds of the appellant

who is out on bail since September, 2010.

25 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates


https://www.scconline.com/blog/post/2020/12/02/man-
roped-in-in-the-dowry-death-of-his-brothers-wife-freed-
after-2-decades-as-sc-finds-allegations-against-him-
vague/

Thank You!

Plz Like Share & Subscribe


26 For PDF of this lecture subscribe to GS and Law https://t.me/lucknowlawupdates

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy