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doubt

(Querist) 09 July 2009 This query is : Resolved 
what is the constitutional validity of 498A of i.p.c
sanjeev murthy desai (Expert) 10 July 2009


It is relevant to note that it was by the Criminal Law (Second Amendment)
Act No. 46 of 1983, which received the President's assent on 25th December,
1983, that Section 498A was inserted in the Penal Code. The Statement of Objects
and reasons of the said amending Act referred to the increasing number of dowry
deaths, which was a matter of serious concern. The extent of the evil was
commented upon by the Joint Committee of both the Houses to examine the working
of the Dowry Prohibition Act, 1961. It was found that cases of cruelty by the
husband and relatives of the husband which culminate in suicide by, or murder
of, the hapless woman concerned, constitute only a small fraction of cases
involving such cruelty. An offence in the nature of abetment to commit suicide
may also attract the provisions of Section 306, IPC which was already on the
statute book. It was, therefore, proposed to suitably amend the Indian Penal
Code, Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 to
effectively deal with not only the cases of dowry deaths, but also the cases of
cruelty to married women by their in-laws. It was with a view to achieving this
object that, inter alia, Section 498A was inserted in the Penal Code. The other
amendments effected by Criminal Law (Amendment) Act, 1983 were to Sections 174
and 176 of the said Criminal Procedure Code and the insertion of Section 198-A
in the Cr.P.C. The necessary amendment in the First Schedule to the Code of
Criminal Procedure, inserting Section 498A, was also made. As far as the Indian
Evidence Act, 1872 is concerned, after Section 113, Section 113A was inserted
raising a presumption against the husband that he or his relative had abetted
the suicide by the married woman.
Adv.PARVATHY S KRISHNAN (Querist) 10 July 2009
thank you so much sir for your reply.
could you please answer another doubt of mine?


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