Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court
1 month, 2 weeks ago

Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court

Live Law  

The Bombay High Court recently held that that the point of limitation under section 468 of the Criminal Procedure Code for an offence under section 498-A of the Indian Penal Code shall commence from the last act of cruelty. "We are of the opinion that limitation for offence punishable under section 498-A of the IPC shall commence from the last act of cruelty. While the bench found no material in the FIR to proceed against the family members, it only dealt with the FIR qua the husband, who argued that the limitation for prosecution as provided under section 468 of the CrPC will apply in the instant case since the sentence punishable under 498A is three years thus the limitation for taking cognisance of the said offence will be three years. allegation by the wife regarding ill treatment including abuses and physical act of beating on the part of the husband for demand of dowry, the Covid-19 situation and the principles laid down by the Supreme Court, we are of the opinion that the case is made out for extension of time for taking cognisance of the offence under Section 473 of the CrPC," the judge held.

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History of this topic

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
1 week, 2 days ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court
11 months, 2 weeks ago

Omnibus Allegations Of Cruelty Under Section 498A IPC Do Not Warrant Prosecution: Telangana High Court

Live Law  

The Telangana High Court has held that omnibus allegations under Section 498 A of the Indian Penal Code do not warrant prosecution. But, 2 years later, the investigating authority filed an additional charge sheet against the petitioners herein. It is not known why the investigating officer filed the initial charge sheet examining the parents of the third respondent they were …

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court
2 years, 1 month ago

498A IPC: Cruelty Case Can Be Quashed By High Court Under Section 482 CrPC Even After Conviction: Bombay High Court

Live Law  

There is no embargo on quashing a case emanating from a matrimonial dispute even after conviction when an appeal is pending, the Bombay High Court said while quashing a domestic violence case filed by the wife against her husband and in-laws. A division bench of Justices Anuja Prabhudessai and RM Joshi observed that the high court's powers under Section 482 …

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
3 years ago

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to …

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]
5 years, 4 months ago

Husband Who Got Acquitted After Trial In 498A IPC Case Can Seek Divorce On The Ground Of Cruelty: SC [Read Order]

Live Law  

The Supreme Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offence levelled by his wife under Section 498-A of Indian Penal Code, it cannot be said that no cruelty has meted on him.In this case, the High Court had refused to grant divorce to the husband by observing that …

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]
5 years, 8 months ago

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]

Live Law  

The Supreme Court has observed that, when the Trial Court conviction under section 498A of the Indian Penal Code was not for demand for dowry, the High Court could not convict the accused under the same for demand of dowry without a detailed discussion of the evidence on record. It is clear from a plain reading of Section 498A that …

In criminal cases, Period of Limitation starts from the date of Complaint, not from date of Cognizance: Constitution Bench
11 years, 3 months ago

In criminal cases, Period of Limitation starts from the date of Complaint, not from date of Cognizance: Constitution Bench

Live Law  

A Constitution Bench of the Supreme Court in Mrs. Sarah Mathew Vs The Institute of Cardio Vascular Diseases held that for the purpose of computing the period of limitation in Criminal Cases the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizanceThe …

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