Dowry Law in India - IPC Section 498A

IPC Section 498A

Section 498A was inserted into the Indian Penal Code in 1983 via an amendment.

It reads:

498A. 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.

Explanation-For the purpose of this section, "cruelty" means-

(a) Any willful 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

(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 meet such demand.

This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable.

Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent.

After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint.

Status of Second wife under Anti-Dowry Law- I DMC 279- Bombay High Court- Justice C.L. Pangarkar —Ranjana Gopalrao Thorat Vs. State of Maharashatra- Hindu Marriage Act,1955—Section 17—Bigamy—Second wife cannot assume a character as wife--- It is no marriage in eyes of law—-- Indian Penal Code—Section 498A—cruelty—word “relative”—meaning of- “Person who is related to husband either by blood or marriage—Thus she does not fall within scope of Section 498A-- Indian Penal Code— Pg.280 {Para6}]

"Every Suicide After Marriage cannot be presumed to be Suicide due to Dowry Demand"- 2011 JCC Page No.668- In The High Court of Delhi- Hon’ble Mr. Justice Shiv Narayan Dhingra- Dated: - 2 December 2010- Rani Vs. State of NCT of Delhi- Criminal Appeal No. 93 of 2004- Indian Penal Code, 1860- Section 304B/ 498A Read With Section 34- Conviction- allegation of demanding of Rs.50,000/- and scooter were vague in nature- Whether it was done by husband, mother-in-law or father-in-law- Answers to all these questions are absent—Ingredients of Section 304B IPC were totally absent- Unnatural Death can be called a dowry death only if after making a demand made by accused is not fulfilled by perpetuation of cruelty upon the victim- The list of dowry show that both parties belonged to poor strata of society- No evidence, whatsoever was collected by police about the real facts- Every suicide after marriage cannot be presumed to be a suicide due to dowry demand- The tendency of the court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.