Supreme Court Issues Directions for Speedy Trials in Dowry & Cruelty Cases
The Supreme Court has issued detailed directions to tackle delays in dowry and cruelty cases. From framing charges within 60–90 days and
Section 498A
Mere taunts, casual references, vague assertions or general family friction not “cruelty” under Section 498A: Delhi High Court
While general allegations may suffice for the purpose of investigation being commenced, the same is not sufficient for the continuance of consequent proceedings.
[Transgender Rights] Whether S. 498-A IPC complaint by trans-woman in a heterosexual marriage legally maintainable? Andhra Pradesh High Court Answers
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.
Husband’s girlfriend not a ‘relative’ for prosecution under S. 498A IPC’; Gujarat HC quashes cruelty case
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.
[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence
To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.
Anticipatory bail for offence under S. 498A cannot be rejected for non-recovery of dowry articles: Punjab and Haryana HC lays principles
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 upholds rejection of divorce petition by husband on ground of cruelty; highlights evidence of cruelty against wife
Kerala High Court explained that “Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.”
[Conviction for offence not charged] Acquittal in 304B by Supreme Court accompanies clutches of Section 306 of IPC
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.
Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court
“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.”
Cruelty and Dowry Death | ‘Rare and exceptional case’ prompts Bombay High Court to stay conviction of mother-in-law
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.
Husband’s Live-in Partner not being a ‘relative’ cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court
“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’.”
Misuse of Section 498-A, IPC by implicating husband’s relatives in matrimonial disputes; Jharkhand High Court quashes criminal complaint
The Jharkhand High Court reiterated the object of Section 498-A of IPC to punish cruelty by husband and his relatives.
Man roped in in the dowry death of his brother’s wife freed after 2 decades as SC finds allegations against him vague
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