Are sections 498A and 304B mutually exclusive? Whether a person charged under section 304B can be convicted under section 498A without a charge being there?

Question: Are sections 498A and 304B mutually exclusive? Whether a person charged under section 304B can be convicted under section 498A without a charge being there?

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Answer

Section 498A deals with cruelty to a woman by husband or relatives of husband, which cruelty should be of 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. Making unlawful demands is also cruelty.

Section 304B deals with ‘dowry deaths’, where the death of a woman is caused by any burns or bodily injuries or where the death is not under normal circumstances, within seven years of marriage and where the woman was subjected to cruelty or harassment by the husband or his relatives, for or in connection with any demand for dowry.

It was held in the case of Keshab Chander Panda v. State (1995) Cr LJ 174(Ori) that whiles 304B deals with the actual death, section 498A deals with the ‘cruelty’ part alone. But, these sections are not mutually exclusive. The word ‘cruelty has not been defined under 304B, IPC.

However, having regard to the common background of these offences, it can be construed that the term ‘cruelty’ occurring in section 304B has the same meaning as given in the explanation to section 498A.89 However, section 304B only deals with dowry deaths occurring within seven years of marriage. No such period is stipulated in section 498A.

Thus, as clearly held in Nand Kishore v. State (1995) Cr LJ 3706(Bom) a person charged and acquitted under section 304B can be convicted under section 498A without the charge being there if such a case is made out. There can be a conviction under both sections 498A and 304B are not mutually exclusive even though they deal with different and distinct offences.

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