The Gujarat High Court has set aside the conviction of a man accused of cruelty and abetment to suicide, observing that a single slap during a marital dispute — in the absence of supporting evidence — cannot automatically amount to criminal cruelty under Section 498A of the Indian Penal Code (IPC).
The ruling came during the hearing of an appeal challenging a 2003 judgment by a Valsad sessions court, which had convicted the man under Sections 498A (cruelty by husband or relatives) and 306 (abetment to suicide) of the IPC.
Justice Geeta Gopi, while allowing the appeal, noted that the specific incident cited — where the husband allegedly slapped his wife once after she stayed overnight at her parental home without informing him — did not by itself meet the threshold of “cruelty” as defined under criminal law.
According to court observations reported in the media, Justice Gopi remarked that such an isolated act, in the absence of sustained harassment or demonstrable physical or mental cruelty, could not be treated as a criminal offence under Section 498A.
“The incident of the husband slapping her once for staying overnight at her parental home without informing him cannot be considered criminal cruelty,” the court observed.
The High Court also scrutinised the broader allegations placed on record. Although claims of repeated beatings had been made, the court found that no prior complaint had been lodged either with the police or with community elders. Additionally, no medical records, injury certificates, or treatment documents were produced to substantiate allegations of ongoing physical abuse.
In criminal cases involving Section 498A, courts typically examine whether there was sustained harassment, grave injury, or conduct that could drive a woman to suicide. The High Court, in this instance, concluded that the prosecution had failed to establish such elements beyond reasonable doubt.
The sessions court had earlier held the accused guilty of cruelty and abetment to suicide. However, while re-evaluating the evidence, the High Court found that the conviction was not supported by sufficient material proof.
By allowing the appeal, the High Court effectively overturned the earlier conviction and acquitted the man of charges under both Sections 498A and 306.
Section 498A of the IPC deals with cruelty inflicted upon a married woman by her husband or his relatives. The provision was introduced to address domestic violence and dowry-related harassment, but it has also been subject to judicial scrutiny over the years regarding the need for credible and substantive evidence.
The latest ruling adds to a series of judicial pronouncements emphasising that while genuine cases of domestic abuse must be dealt with firmly, criminal liability cannot be imposed without clear and convincing proof of sustained cruelty or intentional abetment.
The case underscores the judiciary’s approach of closely examining evidence in matrimonial disputes before affirming convictions under stringent criminal provisions.
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