What is the punishment prescribed for cruelty to a woman by her husband or his relative?

Question: What is the punishment prescribed for cruelty to a woman by her husband or his relative?

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Answer

Chapter XXA was inserted in the IPC in 1983 by the Criminal Law (Second Amendment) Act, 1983. It consists of only one section, namely, section 498A, which makes cruelty to a wife by the husband or his relatives, an offence. Section 498 A contains both physical and mental cruelty.

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty– ”Whoever, being the husband or the relative of the husband of a woman, subject such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”

The explanation to section 498A clarifies what amounts to cruelty for the purposes of section 498A.

Explanation (a) any wilful conduct which is of such a 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; or

Explanation (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Therefore, whoever is the husband or relative of the husband subject her wife to cruelty shall be punished as per section 498A with imprisonment for a term which may extend to three years and shall also be liable to fine.

In the case of Kaliyaperumal v. State of Tamil Nadu, [Appeal (Crl.) 1358 of 2002], it was held that cruelty is a common essential in offences under both sections 304B and 498A of IPC. The two sections are not mutually inclusive but both are distinct offences and persons acquitted under section 304B for the offence of dowry death can be convicted for an offence under sec.498A of IPC. 

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