Introduction
Section 498-A of the Indian Penal Code (IPC) has been a subject of various interpretations by the Supreme Court of India. This article discusses some of the recent judgments that have shaped the understanding and application of this section.
Nullity of Marriage and Conviction under Section 498-A IPC: P Sivakumar vs State
In a case presided over by Justices B R Gavai and Vikram Nath, the Supreme Court reiterated that a conviction under Section 498-A Indian Penal Code would not be sustainable if the marriage was found to be null and void. The court relied upon a precedent set in a previous case.
Guidelines for Arrest under Section 498-A IPC: Md Asfak Alam v. State of Jharkhand & Anr.
Justices S Ravindra Bhat and Aravind Kumar, in the case of Md Asfak Alam v. State of Jharkhand & Anr., reiterated the guidelines laid down by the top court for arrest under Section 498-A of the Indian Penal Code. The court also directed the high courts and police chiefs of all states to issue notifications and circulars containing these guidelines within a stipulated time.
Quashing of Proceedings under Section 498-A IPC: Abhishek v. State of Madhya Pradesh
The Supreme Court, in the case of Abhishek v. State of Madhya Pradesh, quashed the criminal proceedings initiated at the instance of a wife against her in-laws under Section 498-A of the IPC. The court observed that the allegations were mostly general and omnibus in nature.
Jurisdiction for Complaints under Section 498-A IPC: Priya Indoria v. State of Karnataka
The Top Court, under the coram of Justices B.V. Nagarathna and Ujjal Bhuyan, in the case of Priya Indoria v. State of Karnataka, reiterated that the place where the wife lives and seeks shelter after leaving her husband’s home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation.
Conclusion
These judgments highlight the Supreme Court’s stance on Section 498-A Indian Penal Code and provide valuable insights into the interpretation and application of this section. They serve as a guide for legal practitioners and scholars in understanding the nuances of this section of the IPC.
