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
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 ... framing of charge
under Section 406 I.P.C. was made out.
19. As regards the applicability of Section 498A
common essential to both the Sections and that has to be proved. The
explanation to Section 498A gives the meaning of `cruelty'. In Section ... noted is Section 306 IPC. The
basic difference between the two Section i.e. Section 306 and Section 498A
is that of intention. Under
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
whether any
directions are called for to prevent the misuse of Section 498A, as
acknowledged in certain studies and decisions. The Court
requested Shri ... that her
stridhan was retained, appellant No.1 was summoned under
Section 498A and Section 323 IPC. Appellants 2 to 5 were not
summoned. Order
Section 8 in The Representation of the People Act, 1951
8. Disqualification on conviction for certain offences.—
(1) A person convicted of an offence punishable ... section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence
offence of abeting suicide
under Section 306 , IPC read with section 113 A of the Evidence Act. Section
498A makes cruelty by husband to wife ... provision of sub-section (2) of Section 221 read with sub-section (1)
of the said Section can be taken aid of in convicting
complainant and therefore Section 420 IPC was
not attracted. It was the case of the appellant that the
provision of Section 498A was also ... purpose of sub- section 2 of Section 155 and that is
the intention of legislation which is manifested in Section
155(4) of the Code
relative of husband of a woman" within the
meaning of Section 498A of the Indian Penal Code should be given an
extended meaning ... given face value, does not
disclose an offence under Section 498A of the Indian Penal Code, an
application for discharge was filed
also stated in the said charge sheet that investigation as per Section
498A of the Indian Penal Code (in short ... liable to fine. The said section contains
an explanation, which defines "cruelty" as understood under Section 498A
IPC. In order to understand
