Section 498A in The Indian Penal Code, 1860
498A. Husband or relative of husband of a woman subjecting her to cruelty.—
Whoever, being the husband ... shall also be liable to fine. Explanation.— For the purpose of this section, “cruelty” means— (a) any wilful conduct which is of such a nature
alleging commission of offences by the
appellants under Sections 498A , 406 / 34 of the Indian Penal
Code ( I.P.C ., for short). For the sake ... appellants for
offences under Section 406 I.P.C. and appellants No. 1 and 2
for offences under Section 498A I.P.C.
7. Against
short `the Constitution') prayer is to
declare Section 498A of Indian Penal Code, 1860 (in short `the IPC ') to be
unconstitutional ... noted is Section 306 IPC. The
basic difference between the two Section i.e. Section 306 and Section 498A
is that of intention
subjected to cruelty and mental and physical torture the provision of Section 498A I.P.C. was also attracted in the case.
8. The learned ... were guilty of the offences under Section 306 read with Section 34 I.P.C. and under Section 498A read with Section 34
Explanation appended to the said Section.
Section 498A with Explanation thereunder reads thus:
Section 498A: "Husband or relative of husband of a woman subjecting ... purposes of this section, "cruelty; shall have the
same meaning as in section 498A of the Indian Penal Code."
[emphasis applied]
Both
Section 498A of the Code on the
ground that the respondent no. 2 was not wife within the
meaning of Section 498A of the IPC ... quashing of proceedings with reference to
offence punishable under Section 498A of Indian Penal Code
is neither challenged by the State Government
husband of a woman" within the
meaning of Section 498A of the Indian Penal Code should be given an
extended meaning is the question ... woman' in terms of Section
498A of the Indian Penal Code.
Section 498A of the Indian Penal Code reads as under:-
"498A. Husband
registered at Police Station Naraina, under Section 498A / 406 / 34 Indian Penal Code (In short IPC ) against him and his family members ... consequently introduced Sections 113-A and 113-B in the Evidence and Section 498A and 304-B in the Penal Code."
In the case
sister-in-law were discharged and charge for the offence under Section 498A IPC i.e. harassment of the wife by the husband ... been subjected to trial for both the offences viz offence under Section 498A , IPC as well as 406 IPC
includes both physical and mental cruelty for the purpose of Section 498A.
Section 498A IPC reads as under :-
“498A. Husband or relative ... purposes of this section, "cruelty" shall have
the same meaning as in section 498A of the Indian Penal Code
