498(A) I.P.C.
chiranjib mukherjee
(Querist) 26 February 2010
This query is : Resolved
in a case, the complainant is the step mother of the accused person and she lodged a complaint in the police station alleging that she was beaten by the accused person brutally but there is no dowry demand and the charge sheet was submitted u/sec. 498(A) I.P.C. can the accused person be charged with u/sec. 498(A)/323 I.P.C.
Devajyoti Barman
(Expert) 26 February 2010
What is the relation between between the de facto complainant on the one hand and the accused persons on the other.
If there is more than one offences as defined under IPC then one can file petition for addition of charge.
Raj Kumar Makkad
(Expert) 26 February 2010
No. In the given facts section 498 A has no relevance at all and it can not be imposed against him.
Parveen Kr. Aggarwal
(Expert) 27 February 2010
Why not?
Section 498-A of the Indian Penal Code, 1860 is having title "Husband or relative of husband of a woman subjecting her to cruelty" and provides that 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. The Explanation to the provision states that for the purpose of this section, "cruelty" means: (a) Any willful 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 mental or physical) 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 unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.
So, if the allegations are that the step-son has subjected his step-mother to cruelty by harassing to coerce her to meet unlawful demand for any property etc., he can be liable for offence under the section.
Anish goyal
(Expert) 27 February 2010
Interesting debate.
Sanjeev Panda
(Expert) 27 February 2010
Yes, I agree that step sons falls within the expression "relative of the husband" within the meaning of Section 498-A and technically, case u/s 498-A is maintainable on the complaint of step mother against her step son.
