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
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]
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