One or two Stray Instances of Assault will not Invite a Prosecution under Section 498A IPC

Shaji vs State of Kerala

Kerla HC, Ernakulam Bench

21/05/2018

Crl.Rev.Pet.No. 1076 of 2005

About/from the judgment:

Penal Code, 1860 - S. 498A - One or two stray instances of physical assault or verbal abuse will not be sufficient for a prosecution under Section 498A IPC.

 

There is no satisfactory and definite evidence in this case to prove a case of matrimonial cruelty as defined under the law. For a successful prosecution under Section 498A IPC, there must be legal and acceptable evidence proving that the victim had been subjected to mental or physical harassment by the husband or the in-laws by a course of cruel conduct. One or two stray instances of physical assault or verbal abuse will not be sufficient for a prosecution under Section 498A IPC. [Para 6]

Read the Judgment

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