A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. The expression “cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Creating a situation driving the woman to commit suicide is also one of the ingredients of “cruelty”. Also for this punishment 3 years in judicial custody and fine has been imposed.
The offence under Section 498-A IPC is cognizable (a case in which a police officer may arrest the accused without an arrest warrant) if the information relating to the commission of the offence is given to an officer-in-charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf. Also, it is a non-bail able offence.
The complaint may be filed under Section 498-by the women oppressed by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government in this behalf.
A complaint proclaiming commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. The essence of the offence in Section 498-A is cruelty. It is a continuing offence and on each occasion on which the woman was subjected to cruelty, she would have a new starting point of limitation.
-A, following necessary ingredients require to be satisfied: (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.
The expression “husband” covers a person who enters into a marital relationship and under the color of such proclaimed or feigned status of husband subjects the woman concerned to cruelty in the manner provided under Section 498-A, whatever be the legitimacy of the marriage itself for the limited purpose of Section 498-A.
A Two-Judge Bench of the Supreme Court has held that even a second wife can file a complaint under Section 498-A.The legislature has taken care of children born from invalid marriages. Section 16 of the Marriage Act deals with legitimacy of children of void and voidable marriages.
Kerala High Court, after considering various decisions of the Supreme Court has held that for an offence under Section 498-A to be committed, the parties must have undergone some sort of ceremonies with the object of getting married. In that case, the parties did not perform any ceremony and just started living together. It was held that a woman in a live-in relationship was not entitled to file a complaint under the section.
Every harassment does not amount to “cruelty” within the meaning of Section 498-A. For the purpose of Section 498-A, harassment simpliciter is not “cruelty” and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. Cruelty can either be mental or physical
Every harassment does not amount to “cruelty” within the meaning of Section 498-A. For the purpose of Section 498-A, harassment simpliciter is not “cruelty” and it is only when harassment is committed for the purpose of coercing a woman or any other person related to her to meet an unlawful demand for property, etc. Cruelty can either be mental or physical
Proof of the willful conduct actuating the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical, is the sine qua non for entering a finding of cruelty against the accused person.in a criminal trial, the charges made against the accused must be proved beyond all reasonable doubts. This requirement does not stand altered in case of Section 498-A IPC. Before recording a finding of guilt, the Court must satisfy itself that the deceased was not hypersensitive.
Dowry demand is included in the “unlawful demand” as contemplated under Explanation (b) of Section 498-A; however, it need not be the only demand.
Section 113-A, Evidence Act mandates that when a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband had subjected her to cruelty as per the terms defined in Section 498-A IPC,
(Domestic Violence Act, 2005 provide for a remedy under the civil law which is intended to protect the women from being victims of domestic violence occurring within the family and to prevent the occurrence of domestic violence in the society. It makes provision for a protection order under Section 18, residence order under Section 19, monetary relief under Section 20, custody order under Section 21, compensation under Section 22 and interim relief under Section 23)