Case Law On Convictions For Domestic Violence
1. Inder Raj vs. State of Haryana, 2004
Court: Punjab & Haryana High Court
Key Issue: Cruelty by husband and family under IPC Section 498A
Facts:
The wife alleged repeated mental and physical cruelty by her husband and in-laws, including harassment for dowry. The husband and family members demanded money and threatened her life.
Court Decision:
The court convicted the husband and in-laws under Section 498A (cruelty by husband or relatives).
Also convicted them under Section 506 (criminal intimidation).
Emphasized that mental cruelty and harassment for dowry are punishable offenses, even if no severe physical injury occurred.
Significance:
Reinforced that dowry-related harassment and cruelty constitute domestic violence.
Highlighted that mental abuse is actionable under IPC and PWDVA.
2. Sakshi vs. Union of India, 2004 (Public Interest Litigation)
Court: Supreme Court of India
Key Issue: Implementation and enforcement of domestic violence laws
Facts:
PIL filed by NGO Sakshi highlighted lack of enforcement and victim support under Section 498A and PWDVA provisions.
Court Decision:
Supreme Court directed effective enforcement of domestic violence laws.
Mandated that police must register complaints promptly, and magistrates ensure protection orders and interim relief.
Significance:
Strengthened the implementation framework for domestic violence protection.
Ensured that victims are protected, supported, and empowered to seek justice.
3. Rupan Deol Bajaj vs. KPS Gill, 1995
Court: Supreme Court of India
Key Issue: Sexual harassment as a form of domestic or workplace abuse
Facts:
Although primarily a workplace harassment case, the court examined repeated harassment and threats by a superior, drawing parallels with domestic abuse law principles.
Court Decision:
Court held that harassment, threats, and mental abuse are actionable even in non-domestic settings.
Reinforced principles applied to domestic cruelty cases, especially regarding mental and emotional harm.
Significance:
Recognized that psychological abuse and intimidation are integral to domestic violence laws.
Influenced later PWDVA interpretations in criminal and civil proceedings.
4. State of Punjab vs. Gurpreet Singh, 2010
Court: Punjab & Haryana High Court
Key Issue: Dowry death and domestic violence
Facts:
A woman was allegedly subjected to harassment and torture for dowry, leading to her death under suspicious circumstances. Family members were charged under Section 304B (dowry death) and 498A (cruelty).
Court Decision:
Court convicted the husband and in-laws under Sections 304B and 498A.
Emphasized the link between domestic cruelty and fatal outcomes.
Sentenced the accused to rigorous imprisonment and fines.
Significance:
Highlighted that dowry harassment can escalate to death, attracting severe punishment.
Reinforced the state’s responsibility to investigate domestic violence thoroughly.
5. Anil Kumar vs. State of Karnataka, 2012
Court: Karnataka High Court
Key Issue: Protection orders and criminal liability under PWDVA
Facts:
A woman sought protection from her husband who repeatedly abused her physically and mentally, violating court orders multiple times.
Court Decision:
Court invoked PWDVA Sections 12 (protection orders) and 31 (penalties for violation).
Ordered criminal prosecution of the husband for violating protection orders.
Reinforced that civil orders under PWDVA can lead to criminal liability if violated.
Significance:
Demonstrated effective enforcement of protection orders under domestic violence law.
Emphasized that legal remedies include civil protection and criminal consequences for repeated abuse.
Key Legal Principles Across Cases
Criminal Liability: Sections 498A, 304B, 323, 506 IPC cover physical, mental, and dowry-related abuse.
PWDVA Enforcement: Sections 12, 18, and 31 ensure protection orders, residence rights, and penalties for violators.
Mental Cruelty Matters: Psychological abuse is actionable, even without physical injury.
Dowry Death is Heavily Punished: Dowry-related fatalities attract strict liability under 304B IPC.
Judicial Activism: Courts actively protect victims and strengthen enforcement mechanisms through criminal prosecution and protective civil orders.
RELATED Blog
0 comments