AI Overview...
- No Dowry Demand Made - Several sources indicate that in some cases, allegations of dowry demand under Section 498A IPC are either not substantiated or not proven. For instance, in source Allauddin Mian VS State of Jharkhand - Jharkhand, the court notes that the charge of dowry demand was established based on witness statements, but other sources like Rina Sinha @ Rina Verma Wife Of Tarani Sharan Prasad Verma @ Tarani Saran VS State Of Bihar - Patna emphasize the absence of specific evidence or allegations against certain petitioners, suggesting no concrete proof of dowry demand. Murugesan VS State Rep. by The Deputy Superintendent of Police - Crimes highlights that there was no proof of demand in the particular case discussed, and Ranveer Singh Mahla VS State of Rajasthan - Rajasthan notes that the demand was not conclusively established through independent witnesses. Modinsab Kasimsab Kanchagar VS State of Karnataka - Crimes clarifies that a demand for a loan was not a dowry demand but an unlawful demand, leading to the setting aside of conviction under Section 304B IPC but upholding under Section 498A. Shashikant Mowar VS State Of Bihar - Patna also states that without specific allegations against each petitioner, guilt cannot be established for dowry demand. Chiranjan Sharma VS State of M. P. - Madhya Pradesh and Imran Chida VS State represented by The Inspector of Police & Another - Madras discuss cases where alleged dowry demands were made at multiple locations or prior to marriage, but the courts scrutinize the evidence to determine if the demand was genuine or merely alleged.
- Evidence and Legal Standards - Courts require specific, corroborated evidence to establish dowry demand. Several references, such as Allauddin Mian VS State of Jharkhand - Jharkhand, Chiranjan Sharma VS State of M. P. - Madhya Pradesh, and Shashikant Mowar VS State Of Bihar - Patna, emphasize that general allegations without independent witnesses or concrete proof are insufficient for conviction. The Supreme Court's judgment in Chiranjan Sharma VS State of M. P. - Madhya Pradesh distinguishes mere demand from criminal offense, requiring clear evidence of demand and harassment. Murugesan VS State Rep. by The Deputy Superintendent of Police - Crimes and Ranveer Singh Mahla VS State of Rajasthan - Rajasthan highlight that absence of proof of demand weakens prosecution cases.
- Jurisdiction and Procedural Aspects - Some sources discuss procedural issues, such as jurisdiction and the scope of evidence, indicating that allegations of dowry demand must be specific and proven within the territorial and factual context. For example, Ravi Pratap Rai VS State of U. P. - Crimes examines whether demand was made at particular locations, and Imran Chida VS State represented by The Inspector of Police & Another - Madras notes that initial payments or demands made prior to marriage do not automatically attract penal provisions without proper evidence.
- Overall Conclusion - Many cases demonstrate that accusations of dowry demand under Section 498A IPC require clear, specific, and corroborated evidence. In the absence of such proof, convictions are often challenged or set aside, emphasizing the importance of concrete evidence rather than general allegations. Courts tend to scrutinize the credibility of witnesses and the exact circumstances of demand to prevent wrongful prosecution.
References: - Allauddin Mian VS State of Jharkhand - Jharkhand, Chiranjan Sharma VS State of M. P. - Madhya Pradesh, Imran Chida VS State represented by The Inspector of Police & Another - Madras, Abhay @ Guddu VS Bhavana - Madhya Pradesh, Ravi Pratap Rai VS State of U. P. - Crimes, Murugesan VS State Rep. by The Deputy Superintendent of Police - Crimes, Shashikant Mowar VS State Of Bihar - Patna, Modinsab Kasimsab Kanchagar VS State of Karnataka - Crimes, Ranveer Singh Mahla VS State of Rajasthan - Rajasthan, Rina Sinha @ Rina Verma Wife Of Tarani Sharan Prasad Verma @ Tarani Saran VS State Of Bihar - Patna
Search Results for "498a no Dowry Demand Made"
2006 0 Supreme(Jhk) 1105 • India - Jharkhand
N.N.TIWARI
Indian Penal Code, 1860 – Section 498A Cruelty and harassment – dowry demand made by husband only no specific allegation against ... Learned A.P.P., on the other hand submitted that the charge under Section 498A against the appellants has been established by the evidences of the prosecution witnesses, P.W. 1 and P.w. 5 have clearly stated that the informant's daughter was tortured for dowry and the demand of dowry was made repeatedl....
2009 0 Supreme(MP) 168 • India - Madhya Pradesh
S.S.DWIVEDI
(1) Criminal P.c., 1973 -- S. 178 -- Penal Code, 1860 -- S. 498A -harassment and demand of dowry made at two places -- offence can ... of dowry -motorcycle demanded -- demand is specified. 2007 (1) CAR (SC) 53 distinguished. ... para 7 & 8 ... (2) Dowry prohibition Act, 1961 -- Ss. 3 and 4 -- demand ... State of Maharashtra, reported in 2007 (1) CAR [SC] 53, wherein the Hon'ble Apex Court has held that "merely demand of some money by the husband ....
2008 0 Supreme(Mad) 1127 • India - Madras
T.SUDANTHIRAM
and 406-F.I.R. registered for dowry demand, harassment etc. ... -demand for dowry made prior to solemnisation of marriage-status as husband and wife not necessary for attracting penal provisions-Proceeding ... Criminal Procedure, 1979-Sections 178, 179 and 178 (d), Dowry Prohibition Act, 1961-Sections 2 and 4, Indian Penal Code, 1860-Sections 498A ... When the demand was made and initial dowry payments were also made#HL_EN....
2013 0 Supreme(MP) 408 • India - Madhya Pradesh
J.K.MAHESHWARI
Criminal P.C., 1973 -- Ss. 178 (c) and 482 -- Penal Code, 1860 -- S. 498A -- demand of dowry is consistent and also made at Sanwer ... Thereafter the demand of dowry took place at Sanwer where the complaint was made and S.H.O. concerned has also submit his report as available Annexure P/5 dated 19.4.2006 thereby also it is clear that the offence for demand of dowry cruelty and harassment is made out. ... By the sai....
• India - Crimes
JAYASHREE TIWARI
of torture on account of dowry demand also made at Gorakhpur—Father-in-law, mother-in-law as well as wife and her husband were residing ... Criminal Procedure Code, 1973—Section 177, 178—Indian Penal Code, 1860—Section 498A—Territorial jurisdiction—Matrimonial cruelty—Part ... In this regard, it is to be seen whether demand for dowry was made only at Calcutta or whether part of said demand was also made at Gorakhpur. ... offence as ....
• India - Crimes
C.T.SELVAM
of dowry—Revenue Divisional Officer had only recommended proceedings under Section 498A and had not made any finding of dowry death—Evidence ... suicide by hanging on 11.3.2003—Appeal—Evidence of Investigating Officer revealed that none of the witnesses informed him of a demand ... live separately with her husband separate from other family members but that Court failed to consider it—There was no proof of any demand ... P.10 made no reference to any demand#....
2000 0 Supreme(Pat) 314 • India - Patna
D.P.S.CHOUDHARY
Indian Penal Code, 1860-Sections 403 and 498A and Section 4 of Dowry Prohibition Act, 1961-Allegations regarding dowry demand and ... torture-Unless specific allegation is made against each of the petitioners, they should not be held guilty for the offence either ... under Section 403 or 498A -No independent witness corroborated the prosecution case-Conviction of other petitioners not maintainable-Evidence ... PWs., have made general allegations regarding demand of #H....
• India - Crimes
A.K.Patnaik, Sudhansu Jyoti Mukhopadhaya
498A IPC—Demand of Rs.10,000/- towards society loan made by appellant may not be a demand in connection with dowry but is certainly ... other articles were demanded and were agreed and given to appellant—Demand of Rs.10,000/- was not a dowry demand but was in connection ... an unlawful demand—Conviction and sentence of appellant under Section 304B IPC set aside but conviction under Section 498A IPC ... The #HL....
2019 0 Supreme(Raj) 2850 • India - Rajasthan
MUNISHWAR NATH BHANDARI, BANWARI LAL SHARMA
Evidence Act - Section 27 - Indian Panel Code.1860 - Sections 302, 498A and 201 - Demand dowry - Appellant ... has been convicted for offence - Appeal challenge is made to order aforesaid written report was registered against accused appellant ... offence IPC - After investigation charge sheet was filed with addition of IPC - It is looking to fact that after arrest of accused he made ... It was alleged that accused Ranveer Singh used to demand dowry. He may have kil....
2010 0 Supreme(Pat) 583 • India - Patna
SHEEMA ALI KHAN
of dowry-No offence under section 498A IPC and sections 3/4 of Dowry Prohibition Act is made out-Inclusion of the petitioners would ... difficult to believe that they would be present in the house to torture the opposite party no. 2 on account of non-fulfillment of demand ... Code of Criminal Procedure, 1973-Section 482-Cognizance taken for the offences under section 498A IPC and Sections 3/4 of the Dowry ... It is also apparent from the records that these petitioners do not reside with the father-in-la....
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