Legal provisions regarding Husband or relative of husband of a woman subjecting her to cruelty under section 498A of Indian Penal Code, 1860.
Husband or relative of husband of a woman subjecting her to cruelty:
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“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.
Explanation:-
ADVERTISEMENTS:
For the purposes of this section, “cruelty” means-
a) Any wilful 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 to meet such demand.”
Section 498-A has been introduced in the IPC by the Criminal Law (Amendment) Act, 1983 to combat the menace of dowry deaths.
ADVERTISEMENTS:
Section 498-A envisages that if a husband or the relative of the husband of a woman subjects such woman to cruelty, he shall be liable to punishment for three years and fine. The term ‘cruelty’ signifies any willful conduct driving the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman, harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security.
The sole constituent of the offence under Section 498-A, IPC is ‘cruelty’ which means any ‘wilful conduct’, which is of such a nature as is likely to drive the woman to commit suicide or to cause a grave injury or danger to life, limb or mental or physical health of the woman. Cruelty also means harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security.
Cruelty or harassment need not be physical. Even mental torture would be a case of cruelty and harassment within the meaning of Section 498A, IPC Explanation (4) to Section 498 A itself refers to both mental and physical cruelty.
Again, ‘wilful conduct’ means, conduct wilfully done, this may be inferred by direct or indirect evidence, which could be construed to be such. The word ‘wilful’ contemplates obstinate and deliberate behaviour on the part of the offender for it to amount to cruelty. This ‘mens rea’ is an essential ingredient of the offence.
ADVERTISEMENTS:
If the husband or relatives of the husband of a woman does any act of cruelty to such woman, the offence is punishable under Section 498-A, IPC; and further, if he does any act of harassment with a view to coercing her or her relatives, etc., to meet any unlawful demand for property or valuable security, etc., and on failure by her or her relative to meet such demand, the harassment of the woman would amount to cruelty under Section 498-A, IPC.
It is not every harassment or every type of cruelty that would attract the provisions of Section 498-A. It must be established that beating and harassment was with a view to force the wife to commit suicide or to fulfill illegal demand of the husband and in-laws.
The offence of cruelty under Section 498-A can be proved that there was an ‘unlawful demand’ by the husband of some money. Assuming that the husband had asked the wife to bring some jewellery this by itself could not be unlawful demand as no law could punish a mere demand without settlement of dowry at the time of marriage.
It may in some cases be that if the husband makes a demand through his wife, it may also be conceded by the father-in-law and if that is done, the demand would not become unlawful and therefore, subsequent refusal by the father-in-law is not a determinative factor whether the demand was unlawfully made unless they said demand can come within the definition of dowry.