Conviction under Section 498A IPC not applicable if marriage is null and void: SC

In this judgment of far reaching consequences, the Supreme Court dwelt upon whether a conviction under Section 498A of the Indian Penal Code is valid if a marriage has been declared null and void

In a judgment of far reaching consequences, the Supreme Court has held that conviction of a husband and relatives for cruelty to wife under Section 498A of the Indian Penal Code (IPC) will not be sustainable when the marriage has been declared null and void.

A Division Bench of Justices B R Gavai and Vikram Nath while delivering the judgment acquitted the appellant-husband and his parents who were convicted by the Madras High Court under Section 498A and Sections 3 and 4 of the Dowry Prohibition Act of 1961.

The matter went up to the Supreme Court after the Madras High Court had reversed the order of the trial court which had acquitted the Husband and his parents.

The appellant-husband got married to the respondent-wife on December 4 2003. Disputes arose soon after the marriage and the husband and wife began living separately.

The wife then filed a complaint against the husband and in-laws under Section 498A and Sections 3 and 44 of the Dowry Prohibition Act, reports said.

The trial court acquitted all the accused persons of all the offences, following which the State preferred an appeal in the Madras High Court. The respondent wife also went in appeal to the High Court.

The High Court while partly allowing the appeal convicted the three accused persons.

Aggrieved by the same, the appellants moved the Supreme Court in appeal.

In the Supreme Court, senior advocate S Nagamuthu appearing for the appellants argued that the marriage between the parties was held null and void by the Madras High Court on February 25 2021.

Citing the Shivcharan Lal Verma vs State of Madhya Pradesh case, the appellant argued that in the light of the same a conviction under Section 498A cannot be sustainable since the marriage between the parties are null and void.

Appearing for the respondents, advocate Joseph Aristotle argued that even if it is held that the conviction under Section 498A is not sustainable, the conviction under Sections 3 and 4 of the Dowry Prohibition Act would still remain.

The Supreme Court however agreed with the arguments advanced by the appellants.

"Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma's case," the Bench said.

The Bench also agreed with the reasoning given by the trial court in terms of Sections 23 and 4 of the Dowry Prohibition Act.

"So far as the conviction under Sections 3 and 4 of the Dowry Prohibition Act is concerned, the learned trial judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond reasonable doubt," the Supreme Court said.

While making these observations the Supreme Court set aside the order of the High Court while upholding the judgment delivered by the trial court.

What is Section 498A of IPC:

Section 498A of the Indian Penal Code (IPC) deals with cruelty towards a married womanly her husband or his relatives. It is a criminal offence that is punishable with imprisonment of up to three years and/or a fine.

What is Section 3 and 4 of Dowry Prohibition Act:

Section 3 of the Act prohibits the giving or taking of dowry directly or indirectly. Doing so could end up in imprisonment of up to five years and a fine.

Section 4 of the Act provides for punishment for demanding dowry. If found guilty the accused can be given a sentence of up to five years and a fine.