498A, 406 Indian Penal Code.
Dawood J. Khatri
(Querist) 23 October 2010
This query is : Resolved
When an estranged wife files an FIR against her husband under S.498-A IPC, invariably section 406 IPC (Criminal Breach of Trust) is also applied and the Police attach and take away all the so- called "Dahej" articles from the house of the husband. My querry is: Is section 406 IPC attracted in such cases? Are the articles of gifts given at the time of the marriage to the bride or the bridegroom, deemed to be entrusted to the bridegroom? If all these articles are actually lying in the house of the husbanbd, how can it be said that the husband has misappropriated the said articles? I am of the view that in such cases S.406 IPC is wrongly applied because there is no ingredient of entrustment nor is there any criminal misappropriation. I would like to have expert opinion on this issue.
Devajyoti Barman
(Expert) 23 October 2010
The properties ate seized not because those are already misappropriated but because of the allegations that the husband refuses to handover the articles. Moreover all the article as alleged in the FIR are generally not seized. Whether the husband is guilty of 406 ipc or not is to eb decided by the trial only not by the seizure. Moreover all the articles lying with the husband are not taken way, only those which are mentioned in the FIR. If the husband could prove the ownership pf the articles he can take back the same.
s.subramanian
(Expert) 23 October 2010
The procedure adopted is illegal. It can be challenged before the High court under Sec.482 Cr.P.C. As you rightly point out the important ingredients of Sec.406 are not made out in such cases.
