Lawstreet Journal

Vague allegations regarding harassment prima facie do not establish offence Us. 498A Indian Penal Code , 1860 : Andhra Pradesh High Court

Lawstreet Journal 26 Mar 2022 9:51pm

Image courtesy: Lawstreet Journal Judiciary Vague allegations regarding harassment prima facie do not establish  offence Us. 498A Indian Penal Code , 1860 : Andhra Pradesh High Court

When there are no specific allegations made against the husband's family in a dowry harassment case, the Hon’ble Andhra Pradesh High Court has held that it prima facie does not constitute a crime under Section 498A of the Indian Penal Code, 1860.

“The said allegations prima facie do not constitute any offence punishable under Section 498A IPC. Except the said vague allegation, there are no specific allegations made against these petitioners regarding the harassment said to have been caused by them to the deceased by making any illegal demands for additional dowry etc”.

Brief Facts of the case

The petitioners were charged under sections 498A[1] (punishment for husband or relative of husband subjecting women to cruelty), 306 (abetment to suicide)[2], and 34 (Acts done by several persons in furtherance of common intention) [3]of the Indian Penal Code 1860. 

This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973[4], is filed to enlarge the petitioners on bail in the event of their arrest.

A court order that allows a person to be released on bail before being arrested. In this case The person is not arrested before the bail is granted , which is known as anticipatory bail. A person can apply for this type of bail under Section 438 of the Criminal Procedure Code (CrPC), 1973. The Sessions Court and the High Court are the only two courts that can issue it. 

As per the version of prosecution first accused was the husband… Continue Reading...


Tagged: Andhra Pradesh High Court  
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