BNS/IPC
Refusing Marriage Citing Kundli Mismatch After Physical Relations, Repeated Assurances Attract S.69 BNS: Delhi High Court
The Delhi High Court has observed that refusing marriage citing kundli mismatch after establishing physical relations and repeated assurances of marriage attracts Bharatiya Nyaya Sanhita, 2023.Section 69 BNS criminalizes sexual intercourse achieved through deceitful means.Justice Swarana Kanta Sharma refused to grant regular bail to a man accused of establishing sexual relations with a woman...
Indiscriminate Invocation Of S.498A IPC Trivialises Its Object: Bombay High Court Bemoans Misuse Of Law By Educated Women; Quashes FIR
The Bombay High Court while quashing a First Information Report (FIR) filed against a man and his family held that "indiscriminate" invoking of section 498A of the Indian Penal Code (IPC) by "highly educated" women complainants, only trivialises the object of the section 498A. Sitting at the Nagpur seat, single-judge Justice Pravin Patil noted the "disturbing pattern" of educated women...
'One Incident' Of Husband Slapping Wife For Staying Overnight At Parent's Home Without Telling Him Not Cruelty: Gujarat High Court
The Gujarat High Court has observed that "one incident" of a husband slapping his wife on the ground of her staying overnight at parental home without informing him would not amount to cruelty under Section 498A IPC.Acquitting the husband accused of cruelty and abetment to suicide after 23 years, the court further said that allegation of persistent, unbearable continuous beatings by husband...
Is Man Liable Under S.498A IPC For Cruelty To Live-In Partner? Supreme Court To Examine
The Supreme Court on Thursday is set to examine a significant legal question: whether a man in a live-in relationship, described as a “relationship in the nature of marriage”, can be prosecuted for cruelty under Section 498A of the Indian Penal Code, 1860 or the corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (Section 85).A Bench comprising Justice Sanjay Karol and...
Neighbour Can't Be Booked For Matrimonial Cruelty Under Section 498A IPC: Karnataka High Court
The Karnataka High Court has reiterated that a stranger/neighbour cannot be drawn into cruelty proceedings under Section 498A of the IPC amid matrimonial dispute between the husband, wife or other family members. Justice M Nagaprasanna held thus while allowing a petition filed by one Asha G, neighbour of the complainant's husband, who was booked under Sections 498A, 504, 506, 323 read with 34...
P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error
The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings. In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to...
S.498A IPC | Offence Of Cruelty Attracted Even To Live-In Relationships, Void & Voidable Marriages: Karnataka High Court
The Karnataka High Court has held that the provisions of Section 498A IPC (cruelty) are attracted even in cases of a void or voidable marriage, or a relationship in the nature of marriage such as live-in relationships provided the ingredients of the offence are otherwise established.The petitioner man had alleged that the complainant and him were not legally married and thus she could not...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: October 2025
SUPREME COURT Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors: Supreme Court Case: State of Rajasthan v Parmeshwar Ramlal Joshi and others Citation: 2025 LiveLaw (SC) 984 The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except...
Mere Taunts, Family Friction In Ordinary Marital Life Not Cruelty: Delhi High Court
The Delhi High Court has observed that mere taunts, casual references and general family friction occurring in ordinary wear and tear of marital life is not sufficient to constitute the offence of cruelty. Justice Amit Mahajan noted that there is a growing tendency to rope in even distant relatives of husbands, who do not even reside at the matrimonial house, even in the dearth of evidence....
Does Section 498A IPC Apply To Same Sex Relationships? Delhi High Court To Consider
The Delhi High Court is set to consider whether the offence of cruelty punishable under Section 498A of Indian Penal Code, 1860, applies to same sex couples or relationships.Justice Sanjeev Narula issued notice on a plea filed by one Simmi Patwa, claiming that the provision cannot apply to same sex couples. The petitioner submits that the primary requirement to invoke Section 498A is that...
'Vague & General Allegations' : Supreme Court Quashes Marital Cruelty Case Lodged By Wife Against In-Laws
The Supreme Court on Friday (Sep. 26) quashed criminal proceedings against a woman's in-laws, who had been accused of domestic cruelty and subjecting her to mental torture, based on a vague and general allegation. The bench led by Chief Justice BR Gavai and comprising Justice K. Vinod Chandran and Justice Atul S Chandurkar allowed the appeal filed by the woman's father-in-law, mother-in-law,...