Source: Madhya Pradesh High Court

Why in News?

Recently the Madhya Pradesh High Court has held that compelling a married woman to live in her parental home for less dowry would amount to mental cruelty and would constitute a continuous offence.

What was the Background of the Case?

• In this case, the complainant (wife) had lodged an FIR in December 2021 under Section 498A of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961 on the allegation that she got married to the applicant (husband) in the year 2017.
• She was kept properly by her husband for about one month and thereafter her husband, mother-in-law and relatives subjected her to torture, including physical and mental cruelty, for bringing less dowry.
• Her husband and mother-in-law allegedly used to beat her up by demanding an additional Rs 10 lakhs.
• Thereafter, an application was filed before the Madhya Pradesh High Court by the applicant for quashing the FIR.
• The application was dismissed by the Court.

What were the Court’s Observations?

• The single-judge bench of Justice Gurpal Singh Ahluwalia observed that it is true that there may not be any physical cruelty after the separation but under section 498A of IPC, cruelty may be mental or physical. If a lady has been ousted from her matrimonial house, then certainly it will have an impact on her mind amounting to mental cruelty, then it would become a continuous offence and every day would give a fresh cause of action.

What are the Relevant Legal Provisions Involved in it?

Section 498A of IPC

About:

• Section 498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives.
• It states that if the husband or the relative of the husband of a woman, subjected such woman towards cruelty would be punished with imprisonment for a term which might extend to 3 years and may also be liable for fine.
• For the purpose of this section, “cruelty” means—
  • any willful 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
  • 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.
• The offence under this section is a cognizable and a non bailable offence.
• The complaint under Section 498-A may be filed by the women aggrieved by the offence or by any person related to her by blood, marriage or adoption. And if there is no such relative, then by any public servant as may be notified by the State Government on this behalf.
• A complaint alleging commission of an offence under Section 498-A can be filed within 3 years of the alleged incident. However, Section 473 Criminal Procedure Code, 1973 (CrPC) enables the Court to take cognizance of an offence after the period of limitation if it is satisfied that it is necessary so to do in the interest of justice.

Essential Elements:

• For commission of an offence under Section 498-A, following necessary elements are required to be satisfied:
  • The woman must be married;
  • She must be subjected to cruelty or harassment;
  • Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.

Case Law:

• In the case of Arun Vyas v. Anita Vyas, (1999), the Supreme Court held that the essence of the offence in Section 498-A is cruelty. It is a continuing offence and on each occasion on which the woman was subjected to cruelty, she would have a new starting point of limitation.

Dowry Prohibition Act, 1961

• Section 3
  • This section deals with Penalty for giving or taking dowry. It states that-

(1)If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable ²[with imprisonment for a term which shall not be less than ³[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.

(2) Nothing in sub-section (1) shall apply to, or in relation to, -

(a) presents which are given at the time of marriage to the bride (without any demand having been made on that behalf).

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;

(b) presents which are given at the time of marriage to the bridegroom (without any demand having been made on that behalf).

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act.

• Section 4
  • This Section deals with the penalty for demanding dowry.
  • It states that if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.
  • Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.