antidowry delhi booked actions alleged prosecution anticipatory law framing district observed files declaration brother quashes genuine court affair welfare ipc suicide petitioner present husbands subjecting wife indian code family issues

Articles for 498A, search results for evidence

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court
3 months ago

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court

The Hindu  

Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide,” the Bench said in its December 10 judgement. The Supreme Court said Section 306 …

Supreme Court Suicide Section 306 306 Ipc Act Bench
Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Supreme Court Court Supreme His Family Husband Cruelty Case
Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court
3 months ago

Courts must exercise caution in dowry cases to prevent misuse of law: Supreme Court

India Today  

The Supreme Court on Tuesday said courts must exercise caution in dowry harassment cases to prevent misuse of law and avoid unnecessary trouble to innocent family members observing a tendency to implicate husband's kin. The top court, therefore, said courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment …

Family Court Section 498A Ipc Fir Members His Family
SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
3 months ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

Judgment Court Cases State 498A Section 498A Individuals
Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC
4 months, 1 week ago

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

Live Law  

The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section …

Court Suicide Abetment Cruelty Charge That Offence 498A
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 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 …

Allegations Cruelty 498A Section 498A Ipc Woman Complaint
Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 6 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

Death Trial Evidence Court Victim Case 498A
Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 6 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

Court Indian 498A Section 498A Ipc Complainant Code
Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
2 years, 2 months ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

India Karnataka Odisha Kerala Delhi Evidence Uttar Pradesh
Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 6 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Odisha Kerala Uttar Pradesh Evidence Act State Section 498A Ipc
No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court
2 years, 7 months ago

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court

Live Law  

A division bench of Calcutta High Court, consisting Justice Debangsu Basak and Justice Bibhas Ranjan De, reiterated that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement. The trial court found no fault …

Court Conviction Statement State Accused Ipc Husband
A case of the court straying into the legislative sphere
2 years, 8 months ago

A case of the court straying into the legislative sphere

The Hindu  

Recently, the Allahabad High Court, while allowing two criminal revisions pertaining to a dowry case, took cognisance of the misuse of Section 498A of the Indian Penal Code, proposed certain safeguards and directed the State authorities of Uttar Pradesh to take the necessary steps for their implementation in a given time period. Strangely enough, the High Court specifically mentioned in …

Law Judgment Court Case Ipc High Arrest
Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
2 years, 10 months ago

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Live Law  

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter …

Death Evidence Court Evidence Act Respect Charge 498A
Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her
3 years, 1 month ago

Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her

Live Law  

While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained …

Court Appellant Indra 498A Ipc Old Woman Sayari
No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]
5 years, 2 months ago

No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]

Live Law  

The Madhya Pradesh High Court on Tuesday set aside the conviction of the Appellant-accused, 23 years after the Additional Sessions Judge had found him guilty of abetting the suicide of his wife, punishable under Section 306 IPC. Thus the court observed that even though for different reasons, the trial court had rightly acquitted the Appellant from the charge of cruelty, …

Court Case Ipc Appellant Suicide Read Sections 498A Yrs Old
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, 7 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 …

Trial Evidence Trial Court Cruelty Section 306 306 Section 498A
Delhi HC Acquits Suhaib Ilyasi After Holding His Wife Committed Suicide [Read Judgment]
6 years, 5 months ago

Delhi HC Acquits Suhaib Ilyasi After Holding His Wife Committed Suicide [Read Judgment]

Live Law  

Did Suhaib Ilyasi murder his wife or was it a case of suicide?The Delhi High Court on Friday concluded that it was a case of suicide thereby acquitting Ilyasi, who had been held guilty of murdering his wife by a trial court in December, 2017 and sentenced to life imprisonment.“The learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi in …

Delhi Board Evidence Court Suicide Injury Case
Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]
7 years, 10 months ago

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]

Live Law  

The Supreme Court, in Heera Lal vs State of Rajasthan, has held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.A bench comprising Justice RF Nariman and Justice Mohan M …

Court Suicide 498A Section 306 Section 498A Ipc Held
Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]
7 years, 10 months ago

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]

Live Law  

The Supreme Court, in Heera Lal vs State of Rajasthan, has held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.A bench comprising Justice RF Nariman and Justice Mohan M …

Court Suicide 498A Section 306 Section 498A Ipc Held
Defence's Documents May Be Examined At Preliminary Stage, If Needed: Madhya Pradesh HC [Read Judgment]
8 years, 3 months ago

Defence's Documents May Be Examined At Preliminary Stage, If Needed: Madhya Pradesh HC [Read Judgment]

Live Law  

The Madhya Pradesh High Court in Kunaldev Singh Rathor vs. State of MP and Ano, has quashed criminal proceedings against applicant Kundaldev by exercising its power under section 482 of the CrPC as allegations by his wife were absurd and were levelled to make the case more grave.Marriage was solemnised between Kunal Dev and his wife on 21.11.2007, and a …

Criminal Proceedings Case Ipc Fir Complaint His Wife Wife
Allahabad HC Acquits Man After 24 Years Of Conviction In Dowry Death Case [Read Judgment]
8 years, 4 months ago

Allahabad HC Acquits Man After 24 Years Of Conviction In Dowry Death Case [Read Judgment]

Live Law  

The Allahabad High Court in Rama Shanker and Ors v State of UP, has allowed Ram Shanker’s appeal, who was sentenced to 10 years’ rigorous imprisonment by the sessions court as it found him guilty of offences under section 304-B, 498-A of IPC.The judgment delivered by Justice Ranjana Pandya acquitted him of the charges of causing death of his wife …

Death Evidence Court Man Case Ipc Demand
Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]
8 years, 8 months ago

Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]

Live Law  

Bombay High Court has recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. In support of such findings, trial Court recorded reasons and while trial Court acquitted the accused for offence under Section 306 of IPC, it convicted the accused under Section 498-A of IPC. In Appeal, High Court has referred the Supreme Court …

Death Supreme Court High Court Trial Evidence Court Conviction
SC quashes Criminal Prosecution against 'in-laws' initiated under 498A, 506 (II) and Section 4 of the Dowry Prohibition Act
10 years, 10 months ago

SC quashes Criminal Prosecution against 'in-laws' initiated under 498A, 506 (II) and Section 4 of the Dowry Prohibition Act

Live Law  

Supreme Court has quashed the Criminal Prosecution initiated by daughter -in-law against father -in-law and mother-in-law under 498A, 506 and Section 4 of the Dowry Prohibition Act 1961 holding that the same is instituted to harass them. The case arises from Madhya Pradesh High Court, which refused to quash the Criminal Prosecution in exercise of power under Section 482 of. …

Prosecution Case 498A Appellants Criminal Court Criminal Prosecution Section 4 Of