The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. Nevertheless, the provision should not be used as a device to achieve oblique motives, Onkar Nath Mishra v. Section 498-A IPC was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. 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.
IPC IN MARATHI PDF FILE CODE
For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860). Section 113-A: Presumption as to abetment of suicide by a married woman - When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.Įxplanation. ( 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 to meet such demand.
( a) any wilful 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 For the purposes of this section, “cruelty” means. Section 498-A: 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.Įxplanation. Creating a situation driving the woman to commit suicide is also one of the ingredients of “cruelty”. Harassment for dowry falls within the sweep of latter limb of the section. 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. A punishment extending to 3 years and fine has been prescribed. Section 498-A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives.
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