Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Allahabad High Court Bench: JUSTICE Manish Kumar Nigam, J. State Of Up vs Anil Kumar S/O Pokhar Singh And 03 Others on 18 August, 2023 Law Point: When charges framed under sections 498A, 304B, 120B and 302/34, IPC and section 4 of DP act and accused persons tried for homicide, then appellant could not have been […]
Court: DELHI HIGH COURT Bench: JUSTICE P.S. Teji AJAY PAL & ORS. Vs. STATE 25 April 2017 Law Point: Prosecution has failed to prove its case under Section 498A, IPC against appellants and judgment of conviction deserves to be set aside — By failing to prove essential ingredient of dowry death as provided under Section […]
Court: High Court Of Bombay (Nagpur Bench) Bench: G.A. Sanap, J. Mangesh vs. State of Maharashtra on 17 November, 2022 Law Point: Merely because of evidence of doctor as to cause of death appellant-husband cannot be held guilty of offence punishable under section 304B of IPC JUDGEMENT 1. In this appeal, the appellant challenges the […]
SUPREME COURT OF INDIA JUSTICE Dipak Misra, J. & Amitava Roy K.V. PRAKASH BABU Vs. STATE OF KARNATAKA On 22 November 2016 Law Point: ‘Suspicion’ of ‘extra-marital relationship’ of husband — Extra-marital relationship, per se, or as such would not come within ambit of Section 498A, IPC — It would be an illegal or immoral […]
MADHYA PRADESH HIGH COURT JUSTICE S.K. Gangele, J. & Anjuli Palo State Of Madhya Pradesh Vs. Ramesh Kumar On 15 March 2018 Law Point: Testimony of PW10 creates doubt — He stated that when deceased was brought to hospital, appellant also came with her — As per MLC, his both hand were burnt — It […]
RAJASTHAN HIGH COURT JUSTICE Pankaj Bhandari BASRAM Vs. STATE OF RAJASTHAN THR. P.P. On 7 March 2018 Law Point: Section 304B — Bail — Dowry Death — Charge sheet not filed within period of 90 days — Date of remand included in calculating period of 90 days or 60 days — Holiday on last day […]
CALCUTTA HIGH COURT JUSTICE Rakesh Tiwari, Actg. CJ. & Mir Dara Sheko J. Krishna Kant Dwivedi Vs. State Of West Bengal On 23 October 2017 Law Point: Unnatural death of deceased by administering poison — Absence of any lawful incriminating circumstantial evidence — Conviction under Section 302, IPC and acquittal under Sections 498A, 201, IPC […]
PATNA HIGH COURT JUSTICE Ravi Ranjan, J. & Prakash Chandra Jaiswal Ashok Prasad Sah @ Ashok Prasad Vs. State Of Bihar On 13 May 1994 Law Point: Indian Penal Code, 1860 — Sections 304B, 201 — Evidence Act, 1872 — Section 113B — Dowry Death — Disappearance of Evidence — Presumption — Prosecution utterly and […]
BOMBAY HIGH COURT JUSTICE Rohit B. Deo Raju Vs. State Of Maharashtra On 29 January 2018 Law Point: Section 498A — Cruelty — Dowry death — Accidental burns — Dying declaration — Acquittal under Section 306, IPC — Death within 7 years of marriage — Sessions Judge could not have relied upon verbal and written […]
MADHYA PRADESH HIGH COURT JUSTICE J.P. Gupta Pradeep & Ors. Vs. State Of Madhya Pradesh On 24 August 2017 Law Point: Indian Penal Code, 1860 — Section 498A — Evidence Act, 1872 — Section 32 — Cruelty — Dying Declaration — No allegation about demand of dowry — Statement of close relatives of deceased not […]