498a or 406 not attracted??

NIL

@experts,

 

I have read the following extract in a judgement of a case Crl.OP.No.30718/2006.  Can anyone explain it in a better way.

 

thanks

 

"Honourable Supreme Court has made it crystal clear that only in the even of allegations of causing insult, making derogatory remarks and behaving rudely against informant and the same not pertaining to dowry demand, then only the offences under Sections 498A or 406 of IPC and Section 4 of the Dowry Prohibition Act, are not attracted."

 

 
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Legal Enthusiast

hello,

it means that if harassment is not done for the the demand of dowry then said sections will not get attracted.

which means motive of respondant was not to obtain dowry from the complainaint.

 

 

regards-

rahul.gogreen@gmail.com


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NIL

@rahul,

 

thanks for ur comment. But, somewhere I have read in a judgement that 498A need not necessarily be demand of dowry, but causing mental and physical cruelty comes under 498A. 

 

I am not sure, but experts can throw some light.

 

thanks

 
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Legal Enthusiast

there are two limbs of 498a.

read explanation given under bare section.

 

regards-

rahul.gogreen@gmail.com

 
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NIL

@rahul, thanks

 

498A  section applies only when cruelty done "to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman"

 

 

http://nyayayodha.blogspot.in/2009/08/mil-kicking-dil-is-not-cruelty-under.html

full judgement: http://indiankanoon.org/doc/1675377/

 
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