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While deciding the case of X v. State of Karnataka recently, the Karnataka High Court mentioned that it is often seen that the provisions under Section 498A are misused by dragging such family members of the husband who even stay somewhere else than the residence of the couple.
In the above mentioned case, a FIR and a chargesheet were filed under Section 498A of the IPC against 8 relatives of the husband. The Court quashed the said FIR and chargesheet, however upholding the proceedings against the husband and the mother-in-law.
Observation by the Court-
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What is Section 498A of the IPC ?
Section 498A of the Indian Penal Code provides that if the husband or any of his relatives perform such act which could be constituted as cruelty upon his woman, shall be liable to be punished with imprisonment for a period of three years or more as well as fine as the Court deems to be necessary or adequate.
For an act to be treated as cruelty as per the Section 498A, some essential components are-
The woman must be married to the man, as the provision was added to ensure protection to a married woman from her husband and in-laws.
The woman must be treated with cruelty or harassment, it could be physical, emotional, psychological or financial in nature.
For the application of Section 498A of the IPC, the act of cruelty must be committed by the husband or in-laws
Such cruelty must be wilful and intentional on part of the husband or in-laws in order to conduct harm to the wife.
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