Search results
- The Supreme Court on 9th April 2019 delivered the judgment that a woman can file a case against her husband or in-laws subjected to dowry harassment under Section 498A of IPC at any place she is sheltered. But the trail is to be taken place under the jurisdiction of the court where the crime has taken place.
blog.ipleaders.in/498a-of-ipc/
People also ask
Does a wife have territorial jurisdiction under Section 498a of IPC?
What is a Supreme Court decision on Section 498A IPC?
Is IPC Section 498A a continuing offence?
What is a 498A IPC?
Sep 23, 2019 · The main dispute in the instant appeal was that whether the wife could have filed a complaint under section 498A of the Indian Penal Code (IPC) at a place where she was residing. The court observed that “the present matter was squarely covered by the judgment of this court in “ Rupali Devi Vs.
- Specific Allegations Against Husband’S relatives
- Mother-In-Law Treating Daughter-In-Law with Cruelty
- 498A IPC Evidence
- Abetment of Suicide After Cruelty Against Women
- Section 498A of IPC and Dying Declaration as Evidence
In case of Kahkashan Kausar v. State of Bihar, 2022 SCC OnLine SC 162 the Court held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand.It was further observed through this latest judgment of Supreme Court of India on 498A that “a criminal trial leading to an eventual acquittal also inflict...
In case of Meera v. State, 2022 SCC OnLine SC 31, the Supreme Court held that “when an offence has been committed by a woman by meting out cruelty to another woman, i.e., the daughter-in-law, it becomes a more serious offence.” It further added that woman meting out cruelty to another woman deserves no leniency. Mother-in-law must protect daughter-...
Since matters of cruelty under IPC Section 498A are related to a matrimonial home, most of the witnesses are related to each other by birth or marriage. Hence, they are the interested parties whose statements may or may not be genuine enough to be relied upon by the judges. In Surendran v. State of Kerala, 2022 SCC OnLine SC 621,this latest Supreme...
The latest Supreme Court judgment on 498A in 2022 discussed the nexus between offences under Sections 498A and 306 of IPC in Mariano Anto Bruno v. State, 2022 SCC OnLine SC 1387.The Supreme Court reiterated that “Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find o...
In Rajaram v. State of M.P., 2022 SCC OnLine SC 1733, the victim’s husband came up with an appeal against conviction under IPC Section 498A. According to the facts, the victim was brought to the hospital in a burnt condition and lost her life thereafter. Two dying declarations of the victim were recorded by the authorities. The first dying declarat...
Nov 22, 2023 · When it comes to filing cases under Section 498A, understanding the jurisdiction is Section 498A of the Indian Penal Code deals with the offense of cruelty by a husband or his relatives towards a married woman.
Supreme Court has held that wife can file a case even where she is residing. It has set aside the order of High Court which had opined that in the absence of cause of action at that place, wife could not have invoked the jurisdiction of the court.
2 days ago · It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with Section 34 IPC against the appellants.
Section 498-A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of Objects and Reasons of the Act 46 of 1983. The expression 'cruelty' in Section ...
Apr 9, 2019 · The Supreme Court today held that courts at the place where a wife takes shelter after being driven out of her matrimonial house due to cruelty would, dependent on the facts of the case, have jurisdiction to deal with cases under Section 498A of the Indian Penal Code (IPC).
