Lawstreet Journal

Section 498A I.P.C. to Include Cruelty to Wife who is tortured for her Dark Complexion: Calcutta High Court

Lawstreet Journal 1 Jul 2020 11:23pm

Image courtesy: Lawstreet Journal Judiciary Section 498A I.P.C. to Include Cruelty to Wife who is tortured for her Dark Complexion: Calcutta High Court

In its judgment delivered on 25 June 2020, the Calcutta High Court held that causing cruelty to a woman for being of a dark complexion, by her husband and other in-laws, will attract penal provisions as provided under Section 498A IPC. "Causing cruelty to the deceased victim for her black complexion even after her marriage by the in-laws would definitely attract Section 498A/34 IPC against the in-laws, including the accused husband," the court said.

The matter was heard by the division bench of Sahidullah Munshi and Subhasis Dasgupta, JJ. The case was an appeal against the conviction of the husband and his family members, for causing the death of the victim wife by hanging her about 7 months after the marriage. (Mazidul Miah @ Mia & Ors. v. State of West Bengal)

The Court said, "The established fact is that there was an unnatural death of deceased held within 7 months of her marriage. Such unnatural death was admittedly held in the in-law's house of the deceased victim. There was sufficient evidence to show that the victim received oppression, ill-treatment, torture, cruelty in her in-law's house by her in-law's members for her black complexion. The victim was further threatened to be driven out from her matrimonial home for giving the second marriage of her husband."

Affirming his conviction and sentence under Section 498A/302/34 of the Indian Penal Code, the bench said, "The cause of inflicting torture was the black complexion of the deceased victim, which lead the in-law's members of the victim including her accused husband to cause physical cruelty upon her."

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Tagged: Calcutta High Court  
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