Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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VIKAS GARG (LAWYER)     30 October 2009

498a a new query

as u know that explanation appended with section 498a defines cruelty . first part  tell when wilfull conduct would constitute cruelty and other part says harrasment in relation to demand of dowry is cruelty. as my perception both parts are independent of each other and in while attracting first part there is no need to prove any role of dowry demand but  to attract second part there is need to prove dowry demand.

in other words by virtue of first part i want to say that without any dowry demand there can be cruelty under section 498a.

my confusion is here that after reading some sc ( supreme court of india) judgment it appears to me sc saysthat there cannot me any offence under section 498a until there is act of dowary demand. please see the judgment.

please clarify my doubt..

 

                                  Vikas Garg



Learning

 5 Replies


(Guest)

can u plz refer those judgements

VIKAS GARG (LAWYER)     30 October 2009

U suvetha v. state by insp of police decided by sc on 6.5.09

Bhaskar lal v. monica decided by sc on 27.07.09

Arvind Singh Chauhan (advocate)     31 October 2009

Nice query Sir- It is still debatable.

                         Go through the latest judgment  Of SC. In Crminal appeal No 938/2009, U. SUVETHA Versus STATE BY INSPECTOR OF POLICE & ANR. Decided on 06-05-2009. In this judgment SC .In this judgment SC defined the Essentials of Cruelty. Though dowry word exist in the case story, But as essentials of 498,  'dowry   ' word is not described by SC.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     01 November 2009

 This happens, In my opinion that the SC is dealing with a case in which there are allegations of monetary/ property demands. So therein the sc has to analyse what kind of demand amounts to dowry demand and whether it would amount to cruelty u/s.498 A. In large no. of the cases the main allegations are DOWRY DEMAND and in that context the sc says so. The cases are those that fall u/s.498 A clause (b), therefore it seems so while dealing with a case that the SC says that there cannot me any offence under section 498a until there is act of dowry demand. The SC cannot delete the clause (a) of s. 498A.

vivek dhavalikar (advocate high court.)     07 November 2009

cruelity is the main ingredient for 498 coupled with demand of dowry.


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