“Cruelty” for the purpose of Section 498-A I.P.C. is to be established in the context of section 498-A IPC as it may be a different from other statutory provisions. It is to be determined / inferred by considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide etc. It is to be established that the woman has been subjected to cruelty continuously / persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as `cruelty’ to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.”
Manju Ram Kalita vs State Of Assam on 29 May, 2009 SC Crl. Appeal No. 299/2003
- Post published:December 16, 2021
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- Post last modified:December 16, 2021