Source: Allahabad High Court 

Why in News? 

A bench of Justice Raj Beer Singh held that even if the applicant and the deceased were residing as husband and wife the provisions under Section 498A and Section 304B of IPC shall be invoked.            

• The Allahabad High Court held this in the case of Adarsh Yadav v. State of U.P. and Another. 

What was the Background of Adarsh Yadav v. State of U.P. and Another Case? 

• The version of Prosecution in this case is that the marriage of deceased has taken place with one Rohit Yadav and there is no evidence to show that she had obtained divorce from Rohit Yadav. 
• The deceased started living with applicant in live in relationship and no marriage had taken place between the deceased and Rohit Yadav. 
• The case was filed against the applicant under Section 498A, 304B of Indian Penal Code, 1860 (IPC) and Section 3,4 of Dowry Prohibition Act, 1961 (DPA). 
• It was the case of the applicant that it cannot be said that the deceased was legally wedded wife of applicant and thus no prima facie case under Section 304B of IPC is made out. 
• The applicant filed an application under Section 227 of Criminal Procedure Code, 1973 (CrPC) for discharge. 
• The same had been rejected and thus an application under 482 of CrPC was preferred against the above order. 

What were the Court’s Observations?  

• The Court held that it is well settled that while considering the application for discharge the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. 
• The Court held that at this stage the Court should not hold mini trial by marshalling evidence. 
• The Court observed that the Apex Court has held that even if it is not proved that the demand of dowry in respect of an invalid marriage is not legally recognizable. 
• Infact the Hon’ble Chhattisgarh High Court has held that in order to attract provisions of Section - 304-B and 498-A of I.P.C., it is sufficient to show that victim woman and accused husband were residing as husband and wife at the relevant point of time. 
• Thus, the Court held that the argument that in order to attract Section 304B and Section 498 A of IPC it is not sufficient to prove that the parties were legally married.   
• Thus, the application under Section 482 of CrPC was dismissed.

What are the Landmark Judgments with Regard to Applicability of Section 498 A and Section 304B of IPC in Live-in Relationships? 

• Reema Aggarwal v. Anupam and Others (2004) 
  • It was observed that the prosecution of bigamy under Section 494 of IPC differs from prosecution under Section 498A and Section 304B of IPC. 
  • For prosecution of bigamy the second marriage has to be a valid marriage as the thrust of the offence is “marrying” during the lifetime of husband  or wife. However, the main thrust of offence under Section 498 A is cruelty and that under Section 304B is dowry death. 
  • The Court held that while interpreting any provision mischief rule can be employed with a view to suppress the mischief that would have surfaced. 
  • Thus, the Court held that the provisions of Section 498A and Section 304B can be employed even when the parties are not legally married.   
• Mohitram v. State of Chhattisgarh (2004) 
  • The Chhattisgarh High Court in this case held that the intention behind inserting the provisions of Section 304B was to prevent the mischief of dowry death whether the marriage in question is valid or not. 
  • It was observed that in order to attract provisions of Section - 304-B and 498-A of I.P.C., it is sufficient to show that victim woman and accused husband were residing as husband and wife at the relevant point of time 

What is the Offence of Subjecting a Woman to Cruelty under Section 498A of IPC ? 

• This Section 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, non bailable and non-compoundable offence. 
• It is to be noted that this provision can be found under Section 85 and Section 86 of Bharatiya Nyaya Sanhita, 2023 (BNS). 
• While Section 85 of BNS provides for the offence and punishment for the offence of committing cruelty against a woman by the husband or relative of the husband, Section 86 of BNS defines cruelty for the purposes of Section 85 of BNS. 

What is the Offence of Dowry Dath under Section 304B of IPC ? 

• The ingredients to be proved to attract the offence of dowry death under Section 304B of IPC are: 
  • death of a woman must have been caused by any burns or bodily injury or her death must have occurred otherwise than under normal circumstances  
  • such death must have occurred within seven years of her marriage  
  • soon before her death, she must have been subjected to cruelty or harassment by her husband or any relative of her husband  
  • such cruelty or harassment must be in connection with the demand for dowry. 
• The term dowry as per the provision shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (DPA).  
• The punishment for the offence under Section 304B of IPC is imprisonment for a term not less than seven years but which may extend to life imprisonment.  
• This offence is provided under Section 80 of BNS.