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Deepshikha Majumdar   02 January 2023

non bailable

what are cases that we can put against husband by wife as a non bailable offense other than 498 A ie dowry
plz suggest


Learning

 1 Replies

Pankhuri Rastogi   05 December 2024

Dear Deepshika,

I have gone through your query and I understand your concern regarding the offenses which are nonbailable and can be filed against a husband. Allow me to provide you with some advice that might help you out.

Firstly, I would like to tell you that there are several provisions other than Section 948A of the Indian Penal Code, but all these can be invoked only according to the circumstances of the case. I would like to provide you with the provisions that you can go with. Here you go:

1.     If the wife dies due to some unnatural reasons like poisoning or burns, and the case is facing the concept of dowry harassment, then the husband can be held liable for dowry death as per Section 304A of the Indian Penal Code.

In this case, the husband is punishable with Imprisonment for at least 7 years, which can also extend to life imprisonment.

2.     Suicide committed by the wife can also make the husband liable if the case of dowry is proved as per Section 306 of the IPC. Punishment of up to 10 years of imprisonment is given for this nonbailable offense.

3.     Husband can be held liable for unnatural s*xual activities with his wife without consent, as per Section 377 of the IPC and this can make him imprisoned for up to 10 years which can also extend as life imprisonment.

4.     Misappropriation with the STRIDHAN also commits a nonbailable offense under Section 406 of IPC as it constitutes a criminal breach of trust and imprisonment for up to 3 years may be granted in this case.

5.     Any sort of physical harm or injury suffered by the wife, which was eventually caused by his husband, then the wife can move to the court stating Section 323 of the IPC and if the injury is grievous, then Section 325 will be applied and this offense is totally nonbailable.

6.     In cases of Marital Rape, the husband can be charged under Section 376 for rape. And if there is any additional conspiracy or subsequent harm to the wife, then Section 120B will be applied for criminal conspiracy.

I hope I was able to answer the query in the best possible manner. If you need further clarifications then please feel free to connect with me on LinkedIn. ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 )


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