Does section 498A create double jeopardy? Can a person be convicted under section 498A as well as section 4 Dowry Prohibition Act?

Question: Can a person be convicted under section 498A as well as section 4 Dowry Prohibition Act? Does section 498A create double jeopardy?

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Answer

In the case of Inder Raj Malik v. Sunita Malik [(1986) Cr LJ 1510], the Delhi High Court held that a person can be convicted both under Section 4 of the Dowry Prohibition act as well as under Section 498 A of IPC as it does not create any situation of double jeopardy as defined under Article 20(1) of the Constitution.

In this case, it was contended that this section is ultra vires Article 14 and Article 20 (2) of the Constitution. There is the Dowry Prohibition Act which also deals with similar types of cases; therefore, both statutes together create a situation commonly known as double jeopardy. But Delhi High Court negatives this contention and held that this section does not create a situation for double jeopardy.

Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and the existence of an element of cruelty is not necessary, whereas section 498-A deals with the aggravated form of the offense. It punishes such demands of property or valuable security from the wife or her relatives as are coupled with cruelty to her. Hence a person can be prosecuted in respect of both the offenses punishable under section 4 of the Dowry Prohibition Act and this section.

This section gives wide discretion to the courts in the matters of interpretation of the words occurring in the laws and also in matters of awarding punishment. This provision is not ultra vires. It does not confer arbitrary powers on courts.

Thus a person is convicted under Section 498-A as well as Sec. 4 Dowry Prohibition Act and it will not amount to double jeopardy under Article 20 (1) of the constitution.

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