Offences Related To Domestic Violence
1. Section 498A, IPC – Cruelty by Husband or Relatives
Explanation:
This section penalizes cruelty towards a married woman by her husband or his relatives.
"Cruelty" includes causing physical or mental harm, harassment over dowry, or conduct likely to drive the woman to suicide.
Case: Sushil Kumar Sharma v. Union of India (2005) 6 SCC 281
Facts: The Supreme Court examined misuse of Section 498A.
Judgment: Court emphasized that cruelty under 498A includes both mental and physical harm.
Court also cautioned against misuse but upheld protection for genuine victims.
Significance: Balanced approach to protect women while avoiding harassment of accused.
2. Protection of Women from Domestic Violence Act, 2005
Explanation:
Civil law providing protection orders, residence rights, monetary relief to victims of domestic violence.
Covers physical, emotional, verbal, sexual abuse, and economic abuse.
Case: Inder Raj Malik v. Preeti Malhotra, AIR 2011 SC 252
Facts: Interpretation of protection orders under the Act.
Judgment: Supreme Court held that domestic violence includes a wide range of abuses and that protection orders should be effective and not be diluted.
Significance: Expanded scope and reinforced the Act’s protective purpose.
3. Section 304B, IPC – Dowry Death
Explanation:
Punishes death of a woman caused by burns or bodily injury within 7 years of marriage where harassment for dowry was a factor.
Case: Rupan Deol Bajaj v. KPS Gill, AIR 1995 SC 309
Facts: Dowry death case with evidence of harassment.
Judgment: Supreme Court set guidelines on establishing dowry death—burden on prosecution to prove cruelty related to dowry.
Significance: Landmark in defining evidentiary standards for dowry death cases.
4. Section 506, IPC – Criminal Intimidation
Explanation:
Threatening a person to cause injury or harm is punishable.
Often used in domestic violence when abusers threaten victims.
Case: Smt. Asha Rani v. State of Bihar, (2010)
Facts: Accused threatened wife with harm; prosecution under 506.
Judgment: Court held that threat to cause injury is enough for conviction, even if no physical harm occurs.
Significance: Protects victims from psychological abuse via threats.
5. Section 354, IPC – Assault or Criminal Force to Woman with Intent to Outrage Her Modesty
Explanation:
Covers physical assaults or harassment with sexual intent.
Commonly invoked in domestic violence sexual abuse cases.
Case: State of Punjab v. Major Singh, AIR 1967 SC 63
Facts: Assault with intent to outrage modesty within marriage.
Judgment: Supreme Court held even a husband can be prosecuted for outraging wife’s modesty.
Significance: Recognizes wife’s protection from sexual violence within marriage.
Summary Table
| Offence | Section | Key Case | Legal Principle |
|---|---|---|---|
| Cruelty by husband/relatives | IPC 498A | Sushil Kumar Sharma (2005) | Includes mental/physical harm; cautions misuse |
| Domestic Violence Act Protection | Domestic Violence Act | Inder Raj Malik (2011) | Broad definition of domestic violence; strong protection |
| Dowry Death | IPC 304B | Rupan Deol Bajaj (1995) | Burden on prosecution to link death to dowry harassment |
| Criminal Intimidation | IPC 506 | Asha Rani v. Bihar (2010) | Threats alone suffice for conviction |
| Assault to Outrage Modesty | IPC 354 | State of Punjab v. Major Singh | Protection against sexual assault within marriage |
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