New Delhi, February 21: The Supreme Court has said dowry demand was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from the husband and in-laws. A bench comprising Justices Vikram Nath and Prasanna B Varale on December 12, 2024 said the essence of Section 498A IPC lay in the act of cruelty itself and a dowry demand was not necessary to invoke the provision against errant husbands and in-laws.

슬롯사이트œTherefore, either form of cruelty, independent of a dowry demand, is sufficient to attract the provisions of Section 498A IPC and make the offence punishable under the law,슬롯사이트� said the bench. The top court said it was clear that an unlawful demand for dowry was not a prerequisite element to constitute "cruelty" under Section 498A IPC. Supreme Court Says Dowry Demand Not Necessary for Section 498A of IPC if Physical or Mental Cruelty to Wife Is Established.

"It suffices that the conduct falls within either of the two broad categories outlined in clauses (a) or (b) of the provision, namely, wilful conduct likely to cause grave injury or mental harm (clause a), or harassment intended to coerce the woman or her family to meet any unlawful demand (clause b)," added the bench. Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) was introduced in the IPC in 1983 with the primary objective to protect married women from cruelty of their husbands or in-laws.

The provision provides a broad and inclusive definition of "cruelty" encompassing both physical and mental harm to the woman's body and in addition, it covers acts of harassment in pursuit of unlawful demands for property or valuable security, including demands related to dowry. In the present case, the Andhra Pradesh High Court quashed an FIR against man and others in a case by holding that the allegations against the accused did not constitute the offence of cruelty under Section 498A IPC as there was no dowry demand. 슬롯사이트˜PMLA Being Misused Like Dowry Law?슬롯사이트�: Supreme Court Rebukes ED for Using Money Laundering Act To Keep Accused in Jail.

Referring to several judgements, the top court set aside the high court's verdict quashing the FIR against them after taking note of the wife's appeal. The order referred to the statement of objects and reasons for the introduction Section 498A in the IPC in 1983 in Parliament and said it was brought when dowry deaths were on rise in the country. The bench quoted the statement as saying in Parliament, "The provision was brought to deal effectively not only with cases of dowry death but also cases of cruelty to married women by their in-laws."