AI Overview...
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Section 498-A IPC - Cruelty towards wife, including harassment and mental torture, often related to dowry demands or personal insults such as calling the wife barren. Multiple cases highlight the use of this section to convict accused for subjecting the wife to cruelty, humiliation, and physical abuse, especially on grounds of infertility or barrenness Krishan VS State Of Haryana - Punjab and Haryana, Vitthal s/o. Dadarao Lokhande VS State of Maharashtra - Bombay, Gangaraju VS State - Karnataka, Satish Chand Sharma VS Neeru - Punjab and Haryana, VAGATA VS STATE OF RAJASTHAN - Rajasthan.
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Main Points:
- The section criminalizes cruelty inflicted by a husband or relatives, including mental and physical harassment, often linked to dowry or personal insults like calling the wife barren Krishan VS State Of Haryana - Punjab and Haryana, Vitthal s/o. Dadarao Lokhande VS State of Maharashtra - Bombay, Gangaraju VS State - Karnataka.
- Evidence in cases frequently involves allegations of taunting, beating, and humiliating the wife for infertility or barrenness, which constitutes cruelty under IPC Vitthal s/o. Dadarao Lokhande VS State of Maharashtra - Bombay, Gangaraju VS State - Karnataka, Satish Chand Sharma VS Neeru - Punjab and Haryana, VAGATA VS STATE OF RAJASTHAN - Rajasthan.
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Courts have convicted accused under Section 498-A based on such evidence, emphasizing the mental harassment component Vitthal s/o. Dadarao Lokhande VS State of Maharashtra - Bombay, VAGATA VS STATE OF RAJASTHAN - Rajasthan.
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Insights:
- The law recognizes psychological cruelty, including insulting a woman for her inability to conceive, as a punishable offense under Section 498-A IPC.
- The courts examine evidence of harassment, insults, and physical abuse to determine cruelty, with consistent emphasis on the impact of such acts on the victim’s mental health and dignity.
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In some cases, the accused’s conduct of calling the wife barren and taunting her has been a significant factor leading to conviction Krishan VS State Of Haryana - Punjab and Haryana, Gangaraju VS State - Karnataka, VAGATA VS STATE OF RAJASTHAN - Rajasthan.
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Analysis and Conclusion:
- Section 498-A IPC effectively addresses acts of cruelty, including verbal abuse and humiliation related to infertility, as demonstrated by multiple judgments.
- The section covers both physical and mental cruelty, with courts requiring substantial evidence of harassment or insults, such as calling a woman barren, to uphold convictions.
- The consistent judicial approach underscores the importance of protecting women from cruelty based on personal and social stigmas, reaffirming the applicability of Section 498-A in cases involving taunts and harassment related to barrenness.
References: - Krishan VS State Of Haryana - Punjab and Haryana - Vitthal s/o. Dadarao Lokhande VS State of Maharashtra - Bombay - Gangaraju VS State - Karnataka - Satish Chand Sharma VS Neeru - Punjab and Haryana - VAGATA VS STATE OF RAJASTHAN - Rajasthan
Search Results for "Indian Penal Code s 498 a Barren"
1999 0 Supreme(P&H) 388 • India - Punjab and Haryana
R.L.ANAND
Section 498-A, IPC, for cruelty towards Hardei, and both appellants under Section 201, IPC, for concealing the death of Hardei. ... CRIMINAL APPEAL - SECTION 304-B, 306, 498-A, 201, IPC - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI, FINAL ... Whether the trial court erred in framing charges against the appellants under Section 304-B, IPC? 2. ... Resultantly, there is no difficulty in convicting Krishan Under Section 498-A, IPC. Si....
2012 0 Supreme(Bom) 1316 • India - Bombay
T.V.NALAWADE
Indian Penal Code (1860), Ss.498-A, 306, 34---Cruelty and abetment of suicide – Conviction—Allegation of dowry demand, cruelty and ... harassment on ground of being barren and suffering from T.B.— No explanation offered by husband for his conduct and for injuries ... There is aforesaid evidence on ill-treatment and that falls within the definition given in section 498-A of I.P.C. ... The Sessions Court has convicted and sentenced all the appellants for offence punishable under section 498#HL_E....
2017 0 Supreme(Kar) 1425 • India - Karnataka
K.N.PHANEEDRA
INDIAN PENAL CODE, 1860 - Sections 498-A, 306 - Cruelty & Abetment to commit suicide - Accused husband along with his mother allegedly ... abusing deceased by calling her barren lady - Accused persons themselves taking deceased to doctor for procreation of child - Doctor ... Therefore, the Court found some material with regard to the ill-treatment by the accused persons by way of abusing her as barren lady as she did not beget a child. ... But the Court has come to the conclusion that other than the demand of dowry, ther....
2003 0 Supreme(P&H) 573 • India - Punjab and Haryana
MEHTAB S.GILL
He humiliated the respondent, saying that she was barren and was medically unfit to produce a child. Respondent was beaten several times. ... 3. ... A case under Sections 498/406 of the Indian Penal Code was registered against the present appellant. Learned counsel for the appellant has stated, that the appellant had filed a suit before the trial Court for restitution of conjugal rights. This suit was decreed.
2019 0 Supreme(Mad) 2020 • India - Madras
P.N.PRAKASH
evidence of Rajamani, it is seen that she was subjected to cruelty and was driven away from the matrimonial home because, she was barren ... -A IPC, Section 494 IPC (bigamy) allegation also has been included - Marked Ex.P5, the voters list. ... This is fortified by the fact that a case in Crime No.2 of 2005 was registered against Sakthivel, wherein, apart from Section 498 ... This is fortified by the fact that a case in Crime No.2 of 2005 was registered against Sakthivel, wherein, apart from Section 498....
2018 0 Supreme(AP) 532 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
498-A and 302 I.P.C. and respective sentences and fines imposed on her. ... Indian Penal Code, 1860-Sections 498-A and 302-Cruelty and murder-Life sentence-Court below has wrongly convicted appellant No.1/ ... accused No.1 for offence punishable under Section 302 I.P.C. ... Therefore, he is guilty of committing the offence punishable under Section 498-A I.P.C. ... On 23.10.2009 at about 17.00 hours accused No.2, after returning from cotton field work, abused the decea....
2018 0 Supreme(AP) 170 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
Indian penal code section 302, 498A - criminal appeal is filed against conviction – Accused one is the coolie and the neighbour of ... poured kerosene and accuse number two was not involved in killing of the deceased – accused number one shall be guilty of 498A IPC ... guilty of 302IPC – the criminal appeal is allowed – Bain bonds are cancelled accused number one shall be tried for section 498A of IPC ... Therefore, he is guilty of committing the offence punishable under Section 498-A I.P.C. ... On 23.1....
2018 0 Supreme(Pat) 694 • India - Patna
ARUN KUMAR
498-A - Conviction under Section 498-A of I.P.C. - [498-A] - [I.P.C. ... Hence, these three petitioners, namely, petitioners no. 2, 3 and 4, are acquitted of charge under Section 498-A of I.P.C. ... Issues: The issues revolved around the evidence supporting the charge under Section 498-A of I.P.C. and the specific acts ... dowry coupled with torturing her by taunting her as barren lady for not bearing a child. .......
• India - Crimes
D.J.JAGANNADHA RAJU
(i) Indian Penal Code, 1860 - Sections 498. A, 306 and 304-B. ... Penal Code, 1860 - Sections 498-A, 306 and 304-B - Conviction u/ss. 498-A and 306 - Appeal against - Second charge was framed for ... Section 304(B) IPC. ... P.W. 1 even speaks about their abusing and beating her on the ground that she was barren. On the ground that she was barren, she was being repeatedly humiliated. ... According to this witness right in her presence, A-I called Seetharathnam a #HL_ST....
1997 0 Supreme(Raj) 640 • India - Rajasthan
MOHD.YAMIN
The accused were charged under Sec. 498-A and 323, I. P. ... Cruelty - Domestic Violence - The court found sufficient evidence to presume a case under Sec. 498-A and 323, I. P. ... Finding of the Court: The court found sufficient evidence to presume a case under Sec. 498-A and 323, I. P. ... The evidence on record reveals that for about five years Antri was being taunted and was being harassed and treated with cruelty because she was barren. ... Jalore dated 22-1....
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