304 b and 498 A

The object of 498 A is to punish the hus and relatives who harass or torture the wife to coerce her or relatives to satisfy unlawful demands of dowry. What is your doubt Dr. & years is not applicable to 498A is a fact. Then what will follow. Please explain.

In fact the concept under which Sec. 304B is different from Sec. 498-A of IPC. In the former the death is presumed  to be due to harassment of the woman. The said presumation was also made avaiable Under Sec, 113-A of Indian Evidence Act. The death must be within seven years of the marriage. then only the presumption arises.

In the case of Sec. 498-A, there is no such presumption and there is no time limit also. The wife can proceed under this section if there is is harassment at any point of time from the date of marriage. I hope this clarified the issue

That means if a woman without being legally married is staying with the husband or any of his relatives she cannot claim any remedy under sec 498 A. Today live in relationships are call of the day  so how can law protect the status here. Our criminal laws are silent? 

Thanks for comments.

The common ingredient for both the offences is creulty. Though a person is not charged under SEc. 498-A, but is only charged under Sec. 304-B, and if the former offence is proved and the later was not proved there is no bar in punishing the accused for the former offence, though not charged. see 1995 (1) Criminal Law Journal 174

Mr Mansi Save

There is protection for a kept mistress or a woman who liaved with a person as wife for some time under Sec. 498-a of IPC. May I invite your attention to two decisons i.e 1988(20 Andhra Law times at page 1 and 2002(2) Andhra Law Times(Criminal) at page 475, which said that even a kept mistress can claim protection under the said section. Please kindly go thro and opine. If you do not get the decisions(since they are from A.P. H.C0 you kindly give your mailing address so that I can supply the copies.

bye

Mansi Save

A woman living with a husband not being legally marries, whom we may call as a kept mistress or a concubine, is entitled to protection under SEc. 498-a IPC. See the decisions reported in 1988(2) Andhra Law Times at P 1 and 2002(2) Andhra Law times (Crl) at page 475. They were the decisions rendered by A.P.H.C. If you cannot get the decisions, feel free to send your mailing address so that I can send the copies by courier. The decisions will give full answer to your qquerry

BYE