Substantive Section 498A of the IPC and presumptive Section 113B of the
Indian Evidence Act, 1872, were inserted into the respective statutes by the
Criminal Law (Second Amendment) Act, 1983, and the Dowry Prohibition (Amendment)
Act, 1986, respectively.
Section 498A of the IPC and Section 113B of the Evidence Act include within
their scope past events of cruelty. The period of operation for Section 113B of
the Evidence Act is seven years, and the presumption arises when a woman commits
suicide within a period of seven years from the date of marriage.
The consequences of cruelty that are likely to drive a woman to commit suicide
or cause grave injury or danger to life, limb, or health, whether mental or
physical, of the woman, must be established to apply Section 498A of the IPC.
Cruelty is defined in the Explanation for the purpose of Section 498A of the IPC.
It should be noted that Sections 304B and 498A of the IPC cannot be held to be
mutually inclusive.
These provisions deal with two distinct offenses. It is true that cruelty is a
common element in both sections, and it must be proved. The Explanation to
Section 498A defines cruelty, whereas Section 304B does not provide such an
explanation. However, given the common background of these offenses, it is to be
understood that the meaning of cruelty or harassment is the same as prescribed
in the Explanation to Section 498A, where cruelty itself amounts to an offense.
The objective for which Section 498A of the IPC was introduced is clearly
reflected in the Statement of Objects and Reasons while enacting the Criminal
Law (Second Amendment) Act, 1983 (46 of 1983). As clearly stated therein, the
increase in dowry deaths is a matter of serious concern. The extent of the evil
was commented upon by the Joint Committee of the House that examined the working
of the Dowry Prohibition Act, 1961.
In some cases, the cruelty inflicted by the husband and the husband's relatives,
which culminates in the suicide or murder of the helpless woman concerned,
constitutes only a small fraction of the cases involving such cruelty.
Therefore, it was proposed to amend the IPC, the Code of Criminal Procedure,
1973, and the Evidence Act to deal effectively not only with cases of dowry
deaths but also with cases of cruelty to married women by the husband, in-laws,
and relatives. The avowed objective is to combat the menace of death and dowry.
Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073
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