Maximum Possible Sentence
Dadi Uma Mahesh
(Querist) 16 February 2010
This query is : Resolved
Scenario.1.A wife after 6 years of separation and Divorce case pending in the Family court filed a 498A Case against all the members of Husband?
Scenario.2.Even Though Husband know it is False case he do not want to defend the case and and Confessed in the Police Station that it is he alone who has Tortured the wife for Dowry, So that other members of the family is safe?
Scenario.3.Now that Husband has Confessed and Police filed the Statement to Court, with the Confession report of Husband, What would be the Maximum Sentence prescribed under Cr P C 498A?
Guest
(Expert) 16 February 2010
Answer of Scenario 1-----
if there is 6 years separation and wife is not living with the husband and relative of husband, then its very difficult to prove that when the last act of cruelty done by accused with the lady? Offence punishable under section 498-A IPC is a continuing offence and according to section 468 Cr.P.C. the time limit for taking cognizance is 3 years.
Answer of Scenario 2-----
As the husband made conffession before police, its inadmissible in evidence. As per section 25 and 26 of The Indian Evidence Act----
Section 25. Confession to police officer not to be proved - No confession made to police officer shall be proved as against a person accused of any offence.
26. Confession by accused while in custody of police not to be proved against him - No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
Explanation - In this section "Magistrate" does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure,1898 (V of 1898).
so from above cited law in your query in scenario 2 the confession made by husband before or in the custody of police not at all admissible in evidence and hit by section 25, 26 Evidence Act.
Answer of Scenario 3----
Maximum setance in Section 498 A I.P.C. is 3 years.
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
the wife (complainant) has to prove her case with the trustworthy evidence. Its duty of Prosecution to prove the case beyond reasonable doubts. Prosecution cant stand on legs only on the basis of conffessional statement of husband.
Dadi Uma Mahesh
(Querist) 16 February 2010
Thank you Mr.Ajithabh Ji, The Reply has been Precise to my Question.
