Supreme Court: Extra – Husband’s Extra-Marital relationships cannot be the sole basis for conviction under sections 498A & 306 of the Indian Penal Code

Search News

In ‘K.V. Prakash Babu vs. State of Karnataka’, an apex court bench led by Justice Dipak Misra o held that an ‘extra marital affair’ cannot be the sole reason for convicting a person for ‘cruelty’ under section 498A  of the Indian Penal Code. The bench stated that a man can’t be held accountable for his wife’s suicide on the mere suspicion of him having an extra marital affair.

The court observed that “Extramarital relationship, per se, would not come within the ambit of Section 498-A of the IPC. It would be an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence”.

The court further stated that cruelty constitutes a ground for divorce under various matrimonial provisions under the Indian law but it alone cannot involve conviction under section 306 (abetment of suicide) of the Indian Penal Code. 

Find Lawyer / Law Firm

Corporate Compliance relaxations by MCA, RBI & other agencies due to Covid19 Scenario

In India, the corporates are governed by several different regulators viz. the Ministry of Corporate Affairs (‘MCA’), Reserve Bank of India (‘RBI’), Department for Promotion of Industry and In More

Legal Consultation - Consult over phone, chat or send questions

Helplinelaw can set up your session with quality and experienced lawyers to discuss and resolve your legal matters. You can avail consultation in form of sending questions, phone call or webchat discussion  More