LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

N.K.Assumi (Advocate)     12 February 2010

Distinction between section 304B and section 498A of the IPC

There is a clear distinction between section 304B and 498A of the Indian Penal Code. Now, under section 304B it is a dowry death that is punishable and such death should have occured within seven years of marriage and this period of limitation is not there in 498A. Consider this: suppose a man was charged under section 304B and was acquitted, but can he be convicted under section 498A of the Indian Penal code for which he was not charged at the time of trial? 


 4 Replies

Arvind Singh Chauhan (advocate)     12 February 2010

Sir yes he can be convicted only if the charge has been altered, before judgment.

Vijay Kumar (Advocate)     12 February 2010

No need to alter the charge. The accused can be convicted under lesser offence.

N.K.Assumi (Advocate)     13 February 2010

Thank you for the responds.

A Truthseeker ( A retired Indian citizen)     14 February 2010

Mr. Assumi we would be glad and benefitted if the relevant sections of the Cr.P.C.are referred to.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query