498A IPC

 

Statue

1. 498A IPC - Whoever being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to 3y and shall also be liable to fine
2. Explanation - For the purpose of this section "CRUELTY" means
1. any wilful conduct which is of such a nature as is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health ( whether mental or physical ) of the woman; or
2. harassment of the woman where such harassment is with a view to coercing her or any person relating to her to meet 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.

Important Points

1. Arguments in favor of accused
1. Long marriage
2. While living with her in-laws and husband was able to prepare herself for competitive examination and succeeded and is now working in Bihar Government as Deputy Collector, which could have only been done with the cooperation of the family. ( Cr Misc No 24423/ 2004  Dinesh Kumar Lal Vs State of Bihar - High Court of Patna
3. Exaggerated allegations, no previous allegations against her in laws 
4. Parents and relatives staying away , adding relatives and entire family to harassment 
2. Arguments against accused
3. Girl friend is not relative and cannot be accused in 498A case

Case Law

1. U.Suvetha Vs. State  (2009) 6 SCC 757, 
1. held that persons who can commit offence under Section 498-A IPC are husband and relatives only. Girlfriend, being not a relative, cannot be charged under Section 498-A IPC.