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
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
inserting Section 198A in the Code. Section 198A reads as under:
198A. Prosecution of offences under Section 498A of the Indian Penal Code.-No Court ... shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code (45 of 1860) except upon a police report of facts
conviction of the appellant for offences
under Sections 306 and 498A of the Indian Penal Code (for short ‘the IPC ’)
and the sentence ... same meaning as in section 498-A of the Indian Penal Code
(45 of 1860).”
7. A reading of Section 498A , IPC, would
498A of the Indian Penal Code ( IPC ,
for short) ? If so, under what circumstances ? Will an
offence under section 498A of IPC ... society, legislature
thought it fit to introduce section 498A into the Indian
Penal Code . It became necessary for law to protect women
who suffer
against all the petitioners for offences under Sections
498A / 406 / 328 / 354 / 34 of Indian Penal Code
(hereinafter referred to as IPC ... Section 328 IPC and
remanded back the case to the court of learned MM
to proceed against the petitioners under Sections
498A
Sections
406 / 498-A / 34 of the IPC. After the investigations were completed, a
charge-sheet was filed under Sections 406 / 498A ... essential ingredients of Section 498A, it was
observed in the aforesaid case that for proving the offence under Section
498A IPC, the complainant
purposed or this section, 'cruelty' shall have the same meaning as in Section 498A of the Indian Penal Code ... punishable under Section 304B / 34 , I.P.C. Instead, they are convicted under Section 306 , I.P.C. Their conviction under Section 498A / 34 ,
deceased with
mental cruelty within the meaning of Section 498A of the Indian Penal
Code. By drawing presumption under Section 113A of the Evidence ... purposes of this
section,"cruelty" shall have the same meaning
asin section 498A of the Indian Penal Code
term 'relative of the husband' under Section 498A of
the Indian Penal Code, 1860 and that the summoning order is banned ... other offence viz.
Section 306 Indian Penal Code, in case the allegations
constitute offence other than Section 304B Indian Penal
Code."
as also
