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Cruelty
by husband or relatives of husband- Section 498-A
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Section
498 A of Indian Penal Code was introduced by Criminal Law
(Second Amendment) Act of 1983, which came into force with
effect from 25th December 1983. This section reflects the
anxiety to extend protection to the weaker spouse. Let us
see what Section 498 A speaks about;
"Whoever,
being the husband or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment
for a term which may extend to three years and 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 as is likely
to drive the woman to commit suicide or to cause grave injury
or danger to life, limb or health (whether physical or mental)
of the woman; or
(b) Harassment of the woman where such harassment is with
a view to coercing her or any person related to her to meet
any lawful demand for any property or valuable security
or is on account of failure by her or any person related
to her to meet such demand.
The
perusal of clause (a) would show that the prosecution has
to establish firstly the wilful conduct of the offender,
secondly that then nature of such conduct was likely to
drive a woman to commit suicide or to cause grave injury
or danger to life, limb or health (whether physical or mental).
On proof of these facts to the satisfaction of the Court
under the circumastances of a particular case the husband
or the relatives of the husband shall be presumed to have
treated the woman with cruelty.
Clause
(b) of the above mentioned explanation shows that the harassment
with a view to coercing her or any person related to her
meet any unlawful demand for property or valuable security
or on account of the failure by her or any person related
to her to meet such demand would amount to cruelty for the
purpose of Section 498 A of IPC.
Husband:
The Andhra Pradesh High Court has held that where the parties
were living like husband and wife, Section 498-A would be
attracted.
Cruelty:
The expression "cruelty" takes within its sweep both mental
and physical agony and torture. The concept of "cruelty"
varies from place to place and individual and according
to the social and economic status of the person involved.
To decide the question of cruelty the relevant factors are
the matrimonial relationship between the husband and wife,
their cultural background and temperment, status in life,
status of health, their interaction in their daily life,
which dominate the aspect of cruelty.
Though
the provision covers both physical as well as mental cruelty,
each and every harassment is not cruelty. The harassment
has to be with the object to coerce the woman or any person
related to her to meet any unlawful demnad. In order to
come into the ambit of cruelty under clause (b) by husband,
the harassment must be to extract money unlawfully from
the woman by the man. Unless this is proved, no offence
under Section 498 A can be alleged to have been committed.
Harassment:
The word harassment has not been defined in Section 498-A
of IPC. The meaning of the word "harass" in the Webster's
Dictionary reads thus: "to subject someone to continuos
vexatious attacks, questions, demands or other unpleasantness".
to
be continued….
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