New Delhi: The Supreme Court on Wednesday, February 19, ruled that dowry demands are not essential to establish offence of cruelty under Section 498A of the IPC, a law enacted in 1983 to protect married women from mistreatment by their husbands and in-laws.
As per a report by Live Law, a bench comprising Justices Vikram Nath and Prasanna B Varale in December 2024 emphasized that the core of Section 498A lies in the act of cruelty itself, meaning the law can be applied even without a dowry-related accusation.
The stated that "either form of cruelty, independent of dowry demands, is enough to invoke Section 498A."
The provision, introduced in 1983 to protect married women, defines cruelty broadly, covering both physical and mental harm, as well as harassment linked to unlawful demands, including dowry. The court emphasized that cruelty under Section 498A includes (a) acts causing grave injury or mental harm and (b) harassment intended to force unlawful demands.
About the Case
In this case, the Andhra Pradesh HC dismissed an FIR against a man and others, ruling that the allegations did not amount to cruelty under Section 498A of the IPC since no dowry demand was involved.
However, the SC overturned this decision after considering the wife's appeal and reviewing multiple judgments. The bench emphasized that Section 498A was introduced in 1983 to address the growing number of dowry-related deaths and protect married women from mistreatment by their husbands and in-laws.
Quoting the provision's statement of objects and reasons presented in Parliament, the court noted that its purpose extended beyond preventing dowry deaths to tackling all forms of cruelty faced by married women. The judgment reaffirmed that cruelty under Section 498A is not limited to dowry demands but includes any form of harassment or harm inflicted by the husband or his family.
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