Dowry demand not needed to invoke cruelty charge against husbands: SC
1 month ago

Dowry demand not needed to invoke cruelty charge against husbands: SC

The Hindu  

The Supreme Court said on Friday dowry demand was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from the husband and in-laws. A bench comprising Justices Vikram Nath and Prasanna B Varale on December 12, 2024, said the essence of Section 498A IPC lay in the act of cruelty itself and a dowry demand was not necessary to invoke the provision against errant husbands and in-laws. “Therefore, either form of cruelty, independent of a dowry demand, is sufficient to attract the provisions of Section 498A IPC and make the offence punishable under the law,” said the bench. The top court said it was clear that an unlawful demand for dowry was not a prerequisite element to constitute "cruelty" under Section 498A IPC.

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History of this topic

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 2 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
1 month, 2 weeks ago

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

Live Law  

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The Delhi High Court has said that mere demand for …

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 2 weeks ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 3 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores : Supreme Court
1 month, 3 weeks ago

Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores : Supreme Court

Live Law  

The Supreme Court recently, while quashing a case involving allegations of cruelty and dowry said that criminal law should not be used as a tool for harassment. While the provisions are intended to protect women from cruelty and dowry harassment, they should not be used to settle personal scores or pursue ulterior motives., the Court said. While the provisions are …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 months, 1 week ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years
3 months, 1 week ago

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

Live Law  

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. In this case, …

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
Trending News
3 months, 2 weeks ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law  

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
3 months, 2 weeks ago

S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court

Live Law  

While quashing a Section 498-A IPC case against a husband and in-laws of the wife, the Supreme Court today again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing …

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court
4 months, 1 week ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law  

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

Man seeks criminal action against wife's family for giving him ‘dowry without a demand’
4 months, 2 weeks ago

Man seeks criminal action against wife's family for giving him ‘dowry without a demand’

Hindustan Times  

In a peculiar turn of events, a man challenged an order that dismissed his plea seeking criminal action against his wife's family for reportedly giving him dowry without a demand but failed to convince the court. Additional Sessions Judge Navjeet Budhiraja was hearing the man's revision plea against a July 2022 order of the magisterial court that dismissed his request …

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. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 4 months ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 5 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 5 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 10 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

Cruelty against husbands under the Indian law
2 years, 4 months ago

Cruelty against husbands under the Indian law

Hindustan Times  

Recently, the Punjab and Haryana High Court allowed the divorce petition of a man alleging cruelty and desertion by his wife. However, Section 13 of the Hindu Marriage Act,1956 allows both the wife and the husband to seek a divorce by alleging that their spouse has subjected them to cruelty after marriage. Therefore, even though there is no specific punishment …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

Taking Custody Of Jewellery For Safety Cannot Constitute Cruelty Under Section 498A IPC: Supreme Court
3 years, 2 months ago

Taking Custody Of Jewellery For Safety Cannot Constitute Cruelty Under Section 498A IPC: Supreme Court

Live Law  

Taking custody of jewellery for safety cannot constitute cruelty within the meaning of Section 498A of the Indian Penal Code, the Supreme Court observed.In this case, an FIR was filed by the complainant against her husband and in-laws under Sections 323, 34, 406, 420, 498A and 506 of the Indian Penal Code, 1860. ""The short question in this appeal is, …

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court
3 years, 8 months ago

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC.Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose …

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]
4 years, 10 months ago

'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has expressed its concern against misuse of Section 498A IPC by 'disgruntled wives'. While quashing a case filed by a woman against her in-laws, justice Jaishree Thakur observed: "It has become a common practice to use the provisions of Section 498- A IPC as a weapon rather than shield by disgruntled wives. The accused …

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 …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code
6 years, 8 months ago

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code

Live Law  

A closer examination of Section 498 A of the Indian Penal Code, 1860 will reveal that all acts of cruelty against a woman by her husband or his relatives may not amount to matrimonial cruelty within the meaning of the Section. Explanation - For the purpose of this section, "cruelty" means – a) any wilful conduct which is of such …

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC
7 years, 2 months ago

Marital Rape Already Criminalized As Cruelty Under Section 498A IPC: Delhi Govt. To HC

Live Law  

The Delhi Government, on Thursday, contended before the Delhi High Court that the act of marital rape has already been criminalized as cruelty under Section 498A of the Indian Penal Code and hence, there was no need for creating a new offence penalizing the same.Section 498A criminalizes a situation where a married woman is subjected to cruelty by her husband …

SC Decides to Revisit Ruling Barring Immediate Sec 498A Arrests
7 years, 3 months ago

SC Decides to Revisit Ruling Barring Immediate Sec 498A Arrests

The Quint  

The Supreme Court said on Wednesday, 29 November, that it can’t frame guidelines on how to investigate cases of dowry harassment as this would amount to going beyond the statutory provisions. Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud have decided to revisit the judgment by a two-judge bench in July this year, which had directed the …

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse
7 years, 7 months ago

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse

The Quint  

But before we get into the numbers and figures, let us first understand what exactly Section 498A entails. Section 498A of the IPC basically deals with domestic violence and cruelty towards women by the husband or his family. – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished …

Presumption in dowry death to be backed by cruelty proof: Supreme Court
8 years, 4 months ago

Presumption in dowry death to be backed by cruelty proof: Supreme Court

Firstpost  

The presumption of culpability against an accused in a dowry death case under the Evidence Act would be “activated” only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry, the Supreme Court has ruled. New Delhi: The presumption of culpability against an accused in a dowry death case under the Evidence …

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?
9 years, 11 months ago

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?

The Quint  

In light of the rising number of false dowry cases, the Modi government has decided to amend the anti-dowry law, to make it less stringent. The Law: Then and Now As it stands presently, if a woman files a complaint alleging dowry harassment under section 498 of the Indian Penal Code, it becomes a non-compoundable and non-bailable offence. – Maneka …

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs
10 years, 3 months ago

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs

Live Law  

The Government has decided to drop the amendments to the Dowry Prohibition Act, 1961 after taking into account the comments of the high level committee on the status of women and the ministry of home affairs.The amendments, as proposed by the National Commission for Women, included broadening the definition of the word ‘dowry’, by changing the words ‘in connection with …

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs
10 years, 3 months ago

No amendments to Dowry Act; Government drops plan considering the High Level Committee on the status of women and the Ministry of Home Affairs

Live Law  

The Government has decided to drop the amendments to the Dowry Prohibition Act, 1961 after taking into account the comments of the high level committee on the status of women and the ministry of home affairs.The amendments, as proposed by the National Commission for Women, included broadening the definition of the word ‘dowry’, by changing the words ‘in connection with …

'Be careful in slapping anti-dowry law in matrimonial dispute'
10 years, 5 months ago

'Be careful in slapping anti-dowry law in matrimonial dispute'

India TV News  

New Delhi: The Home Ministry has asked all state governments to be judicious in slapping the stringent anti-dowry section of IPC in matrimonial disputes as the provision may be used as ‘weapons rather than shields by disgruntled wives'. The Home Ministry advisory quoted a Supreme Court observation which said there is a phenomenal increase in matrimonial disputes in recent years …

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC
10 years, 7 months ago

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

Live Law  

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a. …

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC
10 years, 7 months ago

Petition demands non-implementation of 498-A as it stands repealed in 1988; challenges Constitutional Validity of proceedings under 498-A IPC

Live Law  

A writ petition has been filed in the apex Court of the country, seeking a declaration that Section 498A of IPC is non-existent, redundant and non-operational in law and hence, proceedings, prosecution and conviction under the said section is unconstitutional, ultra vires, arbitrary, void and illegal after the Repealing and Amending Act, 1988.It submits that an FIR charge-sheeted under a. …

Dowry harassment and the law
25 years, 7 months ago

Dowry harassment and the law

The Hindu  

OVER the last ten to 15 years, penal statutes have been amended under pressure from women's groups in order to prevent marital violence against women. These changes seek to protect women against all forms of marital violence by broadening the definition of cruelty, making penalties higher, and relaxing evidentiary requirements. Dowry deaths constitute a special category of death that was …

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