Dowry demand not needed to invoke cruelty charge against husbands: SC

The Supreme Court has said a demand for dowry was not a prerequisite to constitute the offence of cruelty under section 498A of the IPC introduced in 1983 to protect married women from husbands and in-laws.

A bench comprising Justices Vikram Nath and Prasanna B. Varale said on 12 December 2024 that the essence of section 498A IPC lay in the act of cruelty itself and a dowry demand was not necessary to invoke the provision against errant husbands and in-laws.

“Therefore, either form of cruelty, independent of a dowry demand, is sufficient to attract the provisions of section 498A IPC and make the offence punishable under the law,” said the bench.

The top court said it was clear that an unlawful demand for dowry was not a prerequisite element to constitute "cruelty" under section 498A IPC. "It suffices that the conduct falls within either of the two broad categories outlined in clauses (a) or (b) of the provision, namely, wilful conduct likely to cause grave injury or mental harm (clause a), or harassment intended to coerce the woman or her family to meet any unlawful demand (clause b)," added the bench.

Section 498A (husband or relative of husband of a woman subjecting her to cruelty) was introduced in the IPC in 1983 with the primary objective of protecting married women from cruelty of their husbands or in-laws.

The provision provides a broad and inclusive definition of "cruelty" encompassing both physical and mental harm to the woman's body and in addition, covers acts of harassment in pursuit of unlawful demands for property or valuable security, including demands related to dowry.

In the present case, the Andhra Pradesh High Court quashed an FIR against a man and others in a case by holding that the allegations against the accused did not constitute the offence of cruelty under section 498A IPC as there was no dowry demand.

Referring to several judgements, the top court set aside the high court’s verdict of quashing the FIR against the them after taking note of the wife's appeal.

The order referred to the statement of objects and reasons for the introduction of section 498A in the IPC in 1983 in Parliament, and said it was brought when dowry deaths were on the rise in the country.

The bench quoted the statement as saying in Parliament, "The provision was brought to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in-laws."