question_answer

In our society marriage has a great significance. According to article 16 of the universal declaration of human rights, marriage means men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.

They are entitled to equal rights as to marriage, during marriage and at its dissolution. In marital life many women are facing cruelty by husbands and their relatives. To safeguard women from cruelty, section 498A of Indian penal code, was inserted by the criminal law (second amendment) act, 1983.

Section 498A of Indian penal code, 1860

Husband or relative of husband of a woman subjecting her to cruelty - whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation - for the purpose of this section, cruelty means-

1. Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

2. Harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Section 113A of Indian evidence act, 1872

‘Presumption as to abetment of suicide by a married woman - when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

Explanation - for the purposes of this section, cruelty shall have the same meaning as in section 498A of the Indian penal code (45 of 1860)

The mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under section 113A of the evidence act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband has subjected her to cruelty, the presumption under section 498A of Indian penal code, may attract, having regard to all other circumstances of the case, that such suicide has been abetted by her husband or by such relative of her husband. The term the court may presume, having regard to all other circumstances of the case, that such suicide had been abetted by her husband would indicate that the presumption is discretionary.

Section 198A of criminal procedure code, 1973

Prosecution of offences under section 498A of the Indian penal code - no court shall take cognizance of an offence punishable under section 498A of the Indian penal code (45 of 1960) except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister, or by her father’s or mother’s brother or sister or with the leave of the court, by any other person related to her by blood, marriage or adoption.

Period of limitation

As per section 468 CRPC, a complaint under section 498A IPC can be filed within 3 years of the alleged incident. However, section 473 CRPC, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

What is marriage under article 16 of the universal declaration of human rights

A) Men and women have the right to marry, if they are of full age irrespective of race, religion or nationality

B) Men and women above 18 have the right to marry anywhere in the world

C) Men above 21 and women above 18 have the universal right to many irrespective of caste, colour and creed.

D) Men and women have the right to marry as per the national law of each marrying partner.