About the Author
Advocate Alexy Joy is a member of LJRF
Question
The relative of a woman subjects the woman to mental cruelty, which is of such a nature as is likely to drive the woman to commit suicide. However, the woman has no case that there was any sort of harassment with a view to coercing her or any person related to her to meet any unlawful demand for property or valuable security. Will the offence under Section 498A IPC be attracted? Explain
Answer
In analyzing whether the offense under Section 498A of the Indian Penal Code (IPC) would be attracted in the given scenario, it’s crucial to delve into the legal interpretation and application of this provision. Section 498A addresses cruelty towards a married woman by her husband or his relatives, particularly in relation to dowry demands. However, it’s essential to understand that the offense is not limited solely to instances of dowry harassment; rather, it encompasses a broader spectrum of cruelty.
To begin with, let’s examine the text of Section 498A of the IPC. The provision reads as follows:
“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 offence is cognizable, non-compoundable, and non-bailable.”
From a plain reading of the section, it’s evident that the offense primarily targets acts of cruelty perpetrated by the husband or his relatives against the wife. The term “cruelty” encompasses physical as well as mental cruelty. While the provision specifically mentions cruelty by the husband or his relatives, it’s crucial to note that the term “relative” has been interpreted broadly by the courts to include not only blood relatives but also those related by marriage.
In the given scenario, the relative of the woman subjects her to mental cruelty, which is of such a nature as is likely to drive her to commit suicide. Mental cruelty refers to conduct that causes severe emotional distress or anguish to the victim. This can manifest in various forms, such as verbal abuse, threats, intimidation, humiliation, isolation, or any other behavior that undermines the victim’s sense of self-worth and well-being.
Importantly, the provision does not mandate that the cruelty must be directly linked to dowry demands. While dowry harassment is a common form of cruelty addressed under Section 498A, the provision is not limited to this aspect. The language of the section is broad enough to encompass any act of cruelty perpetrated against the wife by her husband or his relatives.
In this context, it’s crucial to emphasize that the offense under Section 498A is not contingent upon the existence of dowry demands or coercion for property or valuable security. While such elements may strengthen the prosecution’s case, they are not essential for establishing the offense of cruelty under the provision.
The courts have consistently held that mental cruelty, even in the absence of dowry demands, can constitute an offense under Section 498A if it meets the threshold of cruelty specified under the provision. The focus is on the effect of the conduct on the victim and whether it amounts to cruelty as envisaged by the law.
In the given scenario, if the relative’s actions are such that they subject the woman to mental cruelty of a nature likely to drive her to commit suicide, the offense under Section 498A would be attracted. The absence of dowry demands or coercion for property does not negate the gravity of the cruelty inflicted upon the woman.
In conclusion, the offense under Section 498A of the IPC would be attracted in the given scenario if the relative subjects the woman to mental cruelty likely to drive her to commit suicide, irrespective of the absence of dowry demands or coercion for property. The provision is aimed at combating cruelty against married women and encompasses a broad spectrum of abusive conduct within the domestic sphere.
(Question from Munsiff Magistrate Main exam 2022 paper)
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