The Supreme Court ruled that demanding dowry is NOT necessary to charge a husband with cruelty under Section 498A IPC, emphasizing that mental and physical abuse alone is enough.
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NEW DELHI: The Supreme Court of India has made it clear that asking for dowry is not necessary to prove cruelty towards a wife under Section 498A of the Indian Penal Code (IPC).
A bench of Justices Vikram Nath and Prasanna B Varale stated that the main issue under Section 498A IPC is cruelty, which does not only mean demanding dowry.
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So, even if there is no proof of a dowry demand, the law can still be applied if a woman has suffered physical violence or mental torture, the Court ruled.
“The presence of a dowry demand is not a prerequisite for establishing cruelty under the Section,”
-the Supreme Court said in its order dated December 12, 2024.
The case came to the Supreme Court after the Andhra Pradesh High Court had dismissed charges under Section 498A IPC against a man named Aluri Thirupathi Rao.
According to the complaint, Rao had beaten his wife and forced her to leave their home. Even though she tried multiple times to return, she was not allowed to enter.
After investigating, the police filed a charge sheet against Rao and his mother. However, they later went to the High Court, which quashed the case using its powers under Section 482 of the Code of Criminal Procedure (CrPC).
The High Court’s decision was based on the argument that since there was no demand for dowry, the case did not fall under Section 498A IPC.
Unhappy with this decision, the wife then approached the Supreme Court.
ALSO READ: 498A (Cruelty Law) Being Misused For Personal Vendetta Against Husband: Supreme Court
In the Supreme Court, the accused argued that the definition of cruelty under Section 498A IPC requires a dowry demand to be present.
The Supreme Court carefully examined Section 498A and found that it broadly defines cruelty, covering both physical and mental harm to a woman.
“In addition, it covers acts of harassment designed to coerce the woman or her family into fulfilling unlawful demands for property or valuable security, including demands related to dowry. Notably, the provision also recognizes acts that create circumstances leading a woman to the point of suicide as a form of cruelty,”
-the Court explained.
The Court further clarified that Section 498A IPC recognizes two separate types of cruelty:
- Physical or mental harm, which is covered under clause (a) of the Explanation.
- Harassment related to unlawful demands (like dowry), which is covered under clause (b) of the Explanation.
The Court said that these two provisions should be read separately, which means that demanding dowry is NOT necessary to prove cruelty under Section 498A IPC.
“The definition of ‘harassment’ under the Explanation to Section 498A is specifically outlined in clause (b), independent to the ‘wilful conduct’ described in clause (a), thus necessitating a separate reading of the two. It is significant to note that the inclusion of the word ‘or’ at the end of clause (a) clearly indicates that ‘cruelty’ for the purposes of Section 498A can either involve wilful conduct that causes mental or physical harm or harassment related to unlawful demands, such as dowry,”
-the Supreme Court stated.
Based on this, the Supreme Court canceled the High Court’s order and restored the criminal case under Section 498A IPC.
The wife’s legal team included Advocates Mullapudi Ambabu and Mahima Pandey from M/S. M. Rambabu And Co.
Representing the husband and other accused were Senior Advocate Ravi Shankar Jandhyala along with Advocates Venkateswara Rao Anumolu, Sunny Kumar, Prateek Raushan, Aaditi Singh, Raju Kumar, Prerna Singh, Guntur Pramod Kumar, and Dhruv Yadav.
CASE TITLE:
Aluri Venkata Ramana v. Aluri Thirupathi Rao.
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