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Section 498A IPC - Applicability to Limitations
The provision under Section 498A IPC pertains to cruelty by a husband or his relatives towards a married woman. Several sources clarify that the offence is of a continuing nature, and the limitation period for prosecution is generally governed by the Limitation Act, 1963. Specifically, Section 468 CrPC states that the limitation for filing a complaint under Section 498A is three years from the date of the offence or its commission, but this can be extended if the offence is continuous or ongoing.
Jaladanki Ranganayakamma VS State of A. P. - Andhra Pradesh, Hironmoy Sen VS State of West Bengal - Calcutta -
Limitations and Offence of Dowry Prohibition
Allegations under the Dowry Prohibition Act, which often accompany Section 498A cases, are also subject to the limitation period, typically three years from the date of the offence. However, since dowry harassment can be a continuous offence, courts sometimes recognize the ongoing nature, potentially extending the limitation period.
Jaladanki Ranganayakamma VS State of A. P. - Andhra Pradesh, State of Himachal Pradesh VS Tara Dutt - Crimes -
Legal Precedents on Limitation and 498A
Courts have held that the limitation period does not bar the prosecution if the offence is of a continuing nature, such as cruelty or dowry harassment. For instance, in cases where the allegations relate to ongoing cruelty or dowry demands, the limitation period may be considered extended or not applicable. Conversely, if the offence is not continuous or has ceased, the limitation may bar prosecution.
Reema Aggarwal VS Anupam - Crimes, Hironmoy Sen VS State of West Bengal - Calcutta -
Other Considerations
The admissibility of evidence and the timing of the complaint are crucial. The courts emphasize that the cause of action in cruelty or dowry harassment cases may extend over a period, and delays in filing may not necessarily bar the case if the offence is ongoing. However, specific timelines for appeals or proceedings vary and are strictly observed.
Reema Aggarwal VS Anupam - Crimes, Reema Aggarwal VS Anupam - Punjab and Haryana
Analysis and Conclusion:
Limitation under Section 498A IPC is generally three years, but since the offence involves cruelty or dowry harassment, which are often ongoing or continuous, courts tend to interpret the limitation period flexibly. The key factor is whether the offence is still continuing or has ceased; ongoing cruelty or harassment can be prosecuted beyond the standard limitation period. Therefore, Limitation can come under 498A IPC if the offence is considered ongoing or continuous, but not if it has entirely ceased and the limitation period has expired.
Search Results for "Whether Limitation can Come under 498a Ipc"
2010 0 Supreme(AP) 51 • India - Andhra Pradesh
SAMUDRALA GOVINDARAJULU
Thus, irrespective of the facts whether allegations against A-2 are general or specific and whether they are true or false on facts ... Criminal Procedure Code, 1973 – Section 482 – Indian Penal Code, 1860 - Section 498A - Dowry Prohibition ... A-2 for offence punishable under Section 498A I.P.C. or Sections 3 and 4 of the Dowry Prohibition Act - Charge sheet in this case ... Thus, irrespective of the facts whether allegations against A-2 are general or specific and #....
1999 9 Supreme 421 • India - Crimes
G.B.PATTANAIK, M.SRINIVASAN, M.B.SHAH
(i) Code of Criminal Procedure, 1973—Section 468—Charge for one offence but conviction for lesser offence—Limitation for taking ... The language of sub-section (3) of Section 468 makes it imperative that the limitation provided for taking cognizance in Section ... of offence finally proved—In respect of offences which may be tried together, period of limitation shall be determined with reference ... In the said case of Aruna Vyas, one of the questions for consideration was whether the offence under Section 4....
• India - Crimes
JITENDRA CHAUHAN
Indian Penal Code, 1860—Sections 307 and 498A—Attempt to murder and cruelty—Acquittal—Trial Court had given in detailed and cogent ... The limitation for filing the appeal is 90 days from the date of the order while the same Article provides for 30 days of limitation from the date of grant of special leave. ... In this behalf it will have to be seen that the limitation for filing such appeal at the instance of the State Government against acquittal is provided by Article 114 of the Limitation#....
2023 Supreme(Online)(JHK) 1306 • India - High Court of Jharkhand
HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
Issues: Whether the allegations made in the FIR disclosed materials to make out the offence alleged under Section 498A IPC ... QUASHING OF CRIMINAL PROCEEDINGS - SECTION 498A IPC - SECTION 3 & 4 DOWRY PROHIBITION ACT - NO COGNIZABLE OFFENCE MADE OUT - PROCEEDINGS ... The allegation of dowry demand had come up after the marriage. ... The principal alleged offence is Section 498A of the IPC and Section ¾ Dowry Prohibition Act. ... In Ramesh & Othe....
2013 0 Supreme(All) 565 • India - Allahabad
VISHNU CHANDRA GUPTA
JURISDICTION - Criminal Case - Indian Penal Code, Sections 498-A, 504, 506, and ¾ Dowry Prohibition Act - [Sections 177, 178, ... jurisdictional issue based on the place of occurrence of the alleged offences and the concept of continuing offences under the Indian ... of the Case: The petition sought to quash criminal proceedings against the petitioners under Sections 498-A, 504, 506 of IPC ... -Kotwali Unnao recorded the statement of victim to know whether she wants investigation at Unnao? ... When a right of way is cla....
2019 0 Supreme(MP) 11 • India - Madhya Pradesh
G.S.AHLUWALIA
Limitation Act, 1963 -- S.5 -- Civil P.C., 1908 -- S.100 -- time barred second appeal -- delayed more than one year and two months ... The appellants who are the fatherinlaw and motherinlaw of the deceased, one Shanti Devi, have been convicted under sections 304B and 498A of the Indian Penal Code, 1860 (for short, ‘the IPC’). ... They have been sentenced to undergo rigorous imprisonment for ten years for the offence under section 304B IPC and for a period of one year for the offence under section #H....
2022 5 Supreme 303 • India - Supreme Court
N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
come into question, whether charge relating to death is proved or not is immaterial with respect to admissibility – Second condition ... Penal Code while confirming his conviction under Section 498A of the IPC. ... is that prosecution will have to show that evidence that is sought to be admitted with respect to Section 498A of IPC must also ... It must be noted however that as long as the cause of her death has come into question, whether the charge ....
2019 0 Supreme(Cal) 214 • India - Calcutta
ASHA ARORA
Limitation - Matrimonial Offence - Section 498A/323/114 IPC - [Indian Penal Code] - [Section 468 CrPC not applicable to offences ... and saying that with lapse of time the cause of action itself has come to an end. ... relating to cruelty against women] - The court held that the bar of limitation under section 468 CrPC is not applicable to the case ... It is, therefore, of utmost importance that any prosecution whether by the State or a private complainant must abide ....
• India - Crimes
ANIL SHARMA
of IPC is not made out as the allegation regarding misbehaviour or harassment is only when the complainant had come to know about ... (i) Indian Penal Code, 1860—Sections 498A, 504 and 376—Criminal Procedure Code, 1973—Section 188—Cognizance of offence—Complainant ... of IPC. ... “…One, whether the prosecution under Section 498A can at all be attracted since the marriage with Mohini itself-was null and void, the same having been performed during the lifetime of Kalind....
2013 0 Supreme(P&H) 1252 • India - Punjab and Haryana
JITENDRA CHAUHAN
The accused were charged under Sections 307 and 498A of the Indian Penal Code. ... Indian Penal Code - Acquittal - Sections 307, 498A - 34 Fact of the Case: The victim was admitted to the hospital ... The limitation for filing the appeal is 90 days from the date of the order while the same Article provides for 30 days of limitation from the date of grant of special leave. ... In this behalf it will have to be seen that the limitation for filing such appeal at the ins....
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