Bringing you the Best Analytical Legal News
To deny a trans woman the status of a ‘woman’ for the purpose of legal protection under Section 498-A IPC solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution.
The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.
To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.
Punjab and Haryana High Court pointed towards the lack of a family level/Social Forum for redressal of grievances of a wife which leads her to launch criminal proceedings under IPC Section 498A.
Kerala High Court explained that “Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.”
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.
“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”
The Jharkhand High Court reiterated the object of Section 498-A of IPC to punish cruelty by husband and his relatives.
Supreme Court: The bench of NV Ramana* and Surya Kant, JJ has acquitted a man convicted under Section 498A read with Section 34 IPC for the death of his