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When offence u/s 498a of ipc is not made out?

 

When offence u/s 498A of IPC is not made out?

 

 So far as the offence under Section 498A of the I.P.C. is concerned; it is not every kind of cruelty which constitutes an offence under this section. Explanation given in Section 498A of the I.P.C. contemplates cruelty of two kinds. The first is that which is detrimental to life, limb or health of woman and second kind of cruelty consists of harassment with a view to coerce her or any person related to her to fulfill the unlawful demand. The case at hand is related with second type of cruelty or harassment.
40. As regards section 498A of the IPC, the allegations against the applicants are vague, unspecific and indefinite. No time or date of the occurrence is given. It was contended only that Ghurke, father-in-law of the deceased demanded dowry. A perusal of the police statements shows that demand of the dowry was made only by Ghurke, father-in-law. There are no specific particulars regarding time, place and manner of any beating, cruelty or harassment of the Rampyribai for demand of dowry and in these circumstances it cannot be said that in ingredients of the offense under section 498A of the IPC were spelled out.Citation: 2014CriLJ360 MP
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Criminal Appeal No. 2114 of 1996
Decided On: 12.11.2013
Appellants: Jalam, Smt. Gouri Bai and Smt. Lalti Bai
Vs.
Respondent: State of Madhya Pradesh, Through District Magistrate
Hon'ble Judges/Coram:Subhash Kakade, J.

https://www.lawweb.in/2014/03/when-offence-us-498a-of-ipc-is-not-made.html



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