Taunts Over Complexion ‘Not Cruelty’ Under Section 498A, Says Bombay High Court
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The Bombay High Court has ruled that taunting a wife for her dark complexion does not amount to cruelty under Section 498A of the IPC. The Court clarified such remarks alone cannot attract criminal liability.
The Bombay High Court determined that mocking a wife about her complexion does not constitute cruelty under Section 498A of the Indian Penal Code (IPC).
Justice SM Modak delivered this ruling on July 11 while addressing a case involving a husband convicted of abetting his wife’s suicide and committing cruelty against her.
The Court found insufficient evidence to uphold the conviction and cancelled the trial court’s decision from 1995.
Also Read: Bar Association Held a Discussion on IPC Section 498A Misuse for Female Lawyers
The Court stated,
“In all prosecution examined five witnesses. There are certain admitted documents. They are evidence and documents. With their assistance, I find that the conviction is not supported by the evidence. On record, though Prema was being taunted on account of her complexion, I do not think that it will fall within the explanation to Section 498-A of the Indian Penal Code. Even conviction for the offence punishable under Section 306 of the Indian Penal Code cannot be sustained, because the prosecution could not prove the suicide being the outcome of the harassment,”
The couple married in 1993, and the wife took her own life in 1995. Following this, the police filed charges against the husband and his father, though the father-in-law was acquitted by the trial court.
One witness testified that the wife was subjected to harassment due to her dark complexion and for not cooking properly.
Upon reviewing the husband’s appeal against his conviction and five-year sentence, the High Court concluded that the disputes in this case did not reach the level of severity necessary to drive the woman to suicide.
Also Read: Delhi High Court: “Just Asking for Dowry is NOT a Crime Under Section 498A IPC”
The Court ruled,
“I have read the judgment of the trial Court. The trial Court is fully aware about the Explanation-(a) to Section 498-A: The willful conduct must be of a high degree; however, when the evidence of the three witnesses are considered by the trial Court, there is no finding that the harassment is of high degree. There cannot be such a finding simply for the reason that even if the reasons for harassment are admitted, no case will fall under Section 498-A of the Indian Penal Code. The findings need to be set aside,”
Advocate Nasreen Sk Ayubi represented the accused, while Advocate RS Tendulkar represented the prosecution.
Case Title: Sadashiv parbati rupnawar v the state of maharashtra
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