Substantive Section 498A of the IPC and presumptive Section 113B of the Indian Evidence Act, 1872, were inserted into the respective statutes by the Criminal Law (Second Amendment) Act, 1983, and the Dowry Prohibition (Amendment) Act, 1986, respectively.

Section 498A of the IPC and Section 113B of the Evidence Act include within their scope past events of cruelty. The period of operation for Section 113B of the Evidence Act is seven years, and the presumption arises when a woman commits suicide within a period of seven years from the date of marriage.

The consequences of cruelty that are likely to drive a woman to commit suicide or cause grave injury or danger to life, limb, or health, whether mental or physical, of the woman, must be established to apply Section 498A of the IPC. Cruelty is defined in the Explanation for the purpose of Section 498A of the IPC. It should be noted that Sections 304B and 498A of the IPC cannot be held to be mutually inclusive.

These provisions deal with two distinct offenses. It is true that cruelty is a common element in both sections, and it must be proved. The Explanation to Section 498A defines cruelty, whereas Section 304B does not provide such an explanation. However, given the common background of these offenses, it is to be understood that the meaning of cruelty or harassment is the same as prescribed in the Explanation to Section 498A, where cruelty itself amounts to an offense.

The objective for which Section 498A of the IPC was introduced is clearly reflected in the Statement of Objects and Reasons while enacting the Criminal Law (Second Amendment) Act, 1983 (46 of 1983). As clearly stated therein, the increase in dowry deaths is a matter of serious concern. The extent of the evil was commented upon by the Joint Committee of the House that examined the working of the Dowry Prohibition Act, 1961.

In some cases, the cruelty inflicted by the husband and the husband's relatives, which culminates in the suicide or murder of the helpless woman concerned, constitutes only a small fraction of the cases involving such cruelty. Therefore, it was proposed to amend the IPC, the Code of Criminal Procedure, 1973, and the Evidence Act to deal effectively not only with cases of dowry deaths but also with cases of cruelty to married women by the husband, in-laws, and relatives. The avowed objective is to combat the menace of death and dowry.

Written By: S Kundu & Associates
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