Latest news with #Section304B
India Today
14-05-2025
- India Today
Husband's affair isn't abetment of suicide unless wife was tormented: Court
The Delhi High Court on Tuesday said a man's extramarital affair does not amount to cruelty or abetment of suicide unless shown it harassed or tormented the Sanjeev Narula said an extramarital relationship was not a ground to implicate the husband for dowry death in the absence of a nexus between the alleged relationship and dowry court, as a result, granted bail to a man, who was arrested in a case under Sections 498A (cruelty)/304-B (dowry death) aside from Section 306 (abetment of suicide) of IPC, following the unnatural death of his wife in her matrimonial home on March 18, 2024, within nearly five years of "The prosecution relies on materials to suggest that the applicant was involved in an extramarital relationship with a woman. Certain videos and chat records have been cited in support. However, even assuming such a relationship existed, the law is settled that an extramarital affair, per se, does not amount to not, cruelty under Section 498A IPC or abetment under Section 306 IPC, unless it is shown that the relationship was pursued in a manner calculated to harass or torment the deceased," the court verdict went on, "An extramarital relationship cannot be a ground to implicate the accused under Section 304B IPC. The Court held that harassment or cruelty should be linked to dowry demands or sustained mental cruelty that occurred 'soon before the death'."The man had been in custody since March 2024, and the court noted his continued incarceration would serve no purpose. The court further observed a chargesheet was filed after conclusion of investigation and the trial was not likely to conclude in near was no risk of tampering with evidence or fleeing from justice and it was well-established that the object of granting bail was neither punitive nor preventative, it court directed his release on a personal bond of Rs 50,000 with two sureties of the like woman's family alleged the husband had an affair with his colleague and when confronted, he physically abused man was further accused of regularly subjecting his wife to domestic violence and pressurising her to secure EMI payments from her family for a car he had court observed no such complaint was made by the woman or her family when she alive and therefore prima facie diluting the immediacy and plausibility of the dowry-related harassment claim.
Hindustan Times
13-05-2025
- Hindustan Times
Husband's extramarital affair not cruelty, abetment of suicide: Delhi HC
New Delhi, The Delhi High Court on Tuesday said a man's extramarital affair does not amount to cruelty or abetment of suicide unless shown it harassed or tormented the wife. Justice Sanjeev Narula said an extramarital relationship was not a ground to implicate the husband for dowry death in the absence of a nexus between the alleged relationship and dowry demand. The court, as a result, granted bail to a man, who was arrested in a case under Sections 498A /304-B aside from Section 306 of IPC, following the unnatural death of his wife in her matrimonial home on March 18, 2024, within nearly five years of marriage. "The prosecution relies on materials to suggest that the applicant was involved in an extramarital relationship with a woman. Certain videos and chat records have been cited in support. However, even assuming such a relationship existed, the law is settled that an extramarital affair, per se, does not amount to not, cruelty under Section 498A IPC or abetment under Section 306 IPC, unless it is shown that the relationship was pursued in a manner calculated to harass or torment the deceased," the court held. The verdict went on, "An extramarital relationship cannot be a ground to implicate the accused under Section 304B IPC. The Court held that harassment or cruelty should be linked to dowry demands or sustained mental cruelty that occurred 'soon before the death'." The man had been in custody since March 2024, and the court noted his continued incarceration would serve no purpose. The court further observed a chargesheet was filed after conclusion of investigation and the trial was not likely to conclude in near future. There was no risk of tampering with evidence or fleeing from justice and it was well-established that the object of granting bail was neither punitive nor preventative, it added. The court directed his release on a personal bond of ₹50,000 with two sureties of the like amount. The woman's family alleged the husband had an affair with his colleague and when confronted, he physically abused her. The man was further accused of regularly subjecting his wife to domestic violence and pressurising her to secure EMI payments from her family for a car he had purchased. The court observed no such complaint was made by the woman or her family when she alive and therefore prima facie diluting the immediacy and plausibility of the dowry-related harassment claim.
NDTV
13-05-2025
- NDTV
Husband's Extramarital Affair Not Cruelty, Abetment Of Suicide: Delhi High Court
New Delhi: The Delhi High Court on Tuesday said a man's extramarital affair does not amount to cruelty or abetment of suicide unless shown it harassed or tormented the wife. Justice Sanjeev Narula said an extramarital relationship was not a ground to implicate the husband for dowry death in the absence of a nexus between the alleged relationship and dowry demand. The court, as a result, granted bail to a man, who was arrested in a case under Sections 498A (cruelty)/304-B (dowry death) aside from Section 306 (abetment of suicide) of IPC, following the unnatural death of his wife in her matrimonial home on March 18, 2024, within nearly five years of marriage. "The prosecution relies on materials to suggest that the applicant was involved in an extramarital relationship with a woman. Certain videos and chat records have been cited in support. However, even assuming such a relationship existed, the law is settled that an extramarital affair, per se, does not amount to not, cruelty under Section 498A IPC or abetment under Section 306 IPC, unless it is shown that the relationship was pursued in a manner calculated to harass or torment the deceased," the court held. The verdict went on, "An extramarital relationship cannot be a ground to implicate the accused under Section 304B IPC. The Court held that harassment or cruelty should be linked to dowry demands or sustained mental cruelty that occurred 'soon before the death'." The man had been in custody since March 2024, and the court noted his continued incarceration would serve no purpose. The court further observed a chargesheet was filed after conclusion of investigation and the trial was not likely to conclude in near future. There was no risk of tampering with evidence or fleeing from justice and it was well-established that the object of granting bail was neither punitive nor preventative, it added. The court directed his release on a personal bond of Rs 50,000 with two sureties of the like amount. The woman's family alleged the husband had an affair with his colleague and when confronted, he physically abused her. The man was further accused of regularly subjecting his wife to domestic violence and pressurising her to secure EMI payments from her family for a car he had purchased. The court observed no such complaint was made by the woman or her family when she alive and therefore prima facie diluting the immediacy and plausibility of the dowry-related harassment claim.
New Indian Express
26-04-2025
- New Indian Express
No blanket ban on bail in dowry death cases: Delhi HC
NEW DELHI: The Delhi High Court recently held that while dowry death is a grave offence that deeply affects the dignity and justice of domestic life, there is no absolute bar on granting bail in such cases. 'This court remains fully conscious of the societal gravity and enduring prevalence of dowry deaths. Such offences strike at the foundations of dignity, equality, and justice in domestic life,' Justice Sanjeev Narula said. The court noted, while the Supreme Court in the Shabeen Ahmad v State of UP stated that bail should not be granted mechanically in dowry death cases, the verdict cannot be taken to mean that bail must be denied in all cases under Section 304B of the IPC. 'Rather, the court reaffirmed that bail decisions must rest on individual facts and circumstances of each case, nature and weight of evidence, and the overall context in which allegations are situated,' the court said. The remarks came while granting bail to a man accused in dowry death of his wife. The woman had allegedly suffered both physical and mental abuse at the hands of her husband and his family. Her relatives claimed she was forced to stay in a room without a door, also alleging that dowry demands were made. The court noted, at first glance, the material on record 'lacked specificity' required under Section 304B. 'There is no complaint by the deceased, her parents, or any other relative during her lifetime alleging harassment or demand for dowry,' the court said in its April 22 order.
NDTV
25-04-2025
- NDTV
Dowry Death Affects Foundation Of Dignity But No Blanket Ban On Bail: Court
New Delhi: Offence of dowry death strikes at the foundations of dignity, equality and justice in domestic life, but there is no blanket prohibition against the grant of bail in such cases, the Delhi High Court has said. Justice Sanjeev Narula, while granting the relief of bail to a dowry death accused, said the Court was fully conscious of the societal gravity and enduring prevalence of such incidents but a decision of bail must rest on the individual facts and circumstances of each case. In the present case, the wife of the accused applicant passed away in November 2023 after she allegedly hung herself from a ceiling fan in the bathroom. Justice Narula observed that the death of a young woman within a year of marriage under unnatural circumstances inevitably invited serious legal scrutiny, but the material on record, in this case, prima facie revealed significant ambiguities and lacked the specificity that section 304B (dowry death) IPC demanded. "This Court remains fully conscious of the societal gravity and enduring prevalence of dowry deaths. Such offences strike at the foundations of dignity, equality, and justice in domestic life," said the Court in a judgement dated April 22. "However, the observations (of the Supreme Court) in (the case of) Shabeen Ahmad cannot be read as laying down a blanket prohibition against the grant of bail in every case under Section 304B IPC. Rather, the (top) Court reaffirmed that bail decisions must rest on the individual facts and circumstances of each case, the nature and weight of the evidence, and the overall context in which the allegations are situated," it stated. In the present case, the Court asserted that the absence of any "proximate allegation" shortly before the death created a doubt, and the statements of the victim's family members were devoid of specific details, particularly with respect to the date, time or frequency of the alleged demands. It added that the alleged demand for a car was mentioned only in the post-incident statements made by the family of the victim, and there was no contemporaneous complaint during her lifetime alleging harassment or demand for dowry. With respect to section 306 (abetment of suicide) IPC, the Court said mere suspicion of an extramarital affair did not per se amount to abetment of suicide and prima facie, there was no allegation that the applicant engaged in any behaviour to trigger the victim's suicide. An extramarital relationship per se may not come within the ambit of Section 498-A (cruelty) IPC, it further stated. Noting that the chargesheet was filed after the completion of the investigation and the trial was unlikely to conclude shortly, the Court opined that the continued incarceration of the applicant would serve no fruitful purpose. It also observed that the father-in-law and brother-in-law of the victim had already been discharged, and the sister-in-law, who faced identical charges as the applicant, was on bail. The Court released the applicant subject to certain conditions and said, "The object of granting bail is neither punitive nor preventative. The primary aim sought to be achieved by bail is to secure the attendance of the accused person at the trial."
