Listed here are Judgments in support of legal point
Decisions of Civil Courts are binding on the Criminal Courts
Month: April 2018
IPC 425 – Mischief
425. Mischief.
—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.
(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the under-writers. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.
IPC 427 – Mischief causing damage to the amount of fifty rupees
427. Mischief causing damage to the amount of fifty rupees.
—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 383 – Extortion
383. Extortion.
—Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
Krishan Jeet Singh Vs State Of Haryana on 3 October, 2002
This is from Punjab and Haryana High Court in a 498A, 406 case.
IPC 498a Not Made Out
The Civil Court in the divorce proceedings filed by Complainant has also held that the allegations levelled against the defendants that they had demanded the dowry and harassed the complainant have been found false.
This Court is of opinion that in such a short span of 13 days, demand of dowry, as has been alleged by the petitioner, could not have been made by the respondent or his family members.
This Court is conscious of a fact that in these days when the number of divorce petitions are increasing in our society, this is one of the easiest allegations to level against the husband by the wife. It is easy to level it but it is very difficult to prove the same.
Judge has allowed the divorce on the ground that the marriage between the parties is a dead marriage.
IPC 406 Not Made Out
There is no specific allegation in the complaint regarding the entrustment of dowry articles as to whom the articles were given. When there is no specific allegation, the charge cannot prove.
Citations: [2
Other Source links:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Karam Chand Ganga Prasad And Anr. Vs Union Of India (Uoi) And Ors. on 12 October, 1970
Here is the landmark Supreme Court judgement reiterating that ‘Decisions of Civil Courts are binding on the Criminal Courts‘
Bomma Ilaiah Vs The State Of A.P. Rep. By Public on 9 January, 2003
This is an interesting Judgment of AP High Court whereby the accused is acquitted under IPC 498A (max punishment is 3 years) but convicted under IPC 325 (max punishment is 7 years) !!
Section 325 in The Indian Penal Code
325. Punishment for voluntarily causing grievous hurt.
—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Citations: [2
Other Source links:
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Fight the false IPC 498A case on merits till the end of trial
If you have already used up/could not utilize the Discharge (before framing of charges on the Accused i.e., you and your family) and the Quash (after framing of charges on the Accused i.e., you and your family) due to lack of legal grounds or rejection by court for valid reasons and you do NOT want to go with Settlement route, read on.
Click here to understand the high-level workflow or lifecycle of IPC 498A cases for making yourself familiar with same.
While you are at it, it may occur to you that, rather than feed the lawyer, who gets fed but doesn’t deliver the results as expected by you, it would seem obvious and most sensible thing to do is to present and argue your case on your own. That is called as arguing your case as Party-in-person.
Read here for more on what Party-in-person means.
Rajesh Sharma and Ors Vs State of UP and Anr on 27 July, 2017
UPDATE 1:
SC Modifies The Earlier Directions Issued To Prevent Misuse Of 498A IPC, Says No To ‘Welfare Committees’
https://www.livelaw.in/breaking-sc-modifies-the-earlier-directions-issued-to-prevent-misuse-of-498a-ipc-says-no-to-welfare-committees/
UPDATE 2:
Few directions given in this judgment are held to be erroneous. Here is the new article.
https://www.livelaw.in/sec-498a-ipc-only-hc-can-quash-cases-on-settlement-a-third-agency-created-by-courts-cant-exercise-statutory-functionssc/
UPDATE 3:
In Shivangi Bansal Vs Sahib Bansal on 22 Jul 2025, Division Bench of Apex Court restored the Family Welfare Committees.
The detailed order is available here.
Guidelines issued by Hon’ble Supreme Court:
After considering the submissions of ASG A.S. Nadkarni, and Senior Advocate V. Giri, the Supreme Court has issued the following directions;
Part 1.
(a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.
(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
(c) The Committee members will not be called as witnesses.
(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.
(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.
(f) The committee may give its brief report about the factual aspects and its opinion in the matter.
(g) Till report of the committee is received, no arrest should normally be effected.
(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.
(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.
(j) The Members of the committee may be given such honorarium as may be considered viable.
(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.
Part 2.
Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;
Part 3.
In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;
Part 4.
If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;
Part 5.
In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;
Part 6.
It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;
Part 7.
Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.
Part 8. These directions will not apply to the offences involving tangible physical injuries or death.
Read the complete judgment here.
Citations: [2017 SCC ONLINE SC 821], [2017 AIR SC 3869], [2017 AJR 4 408], [2017 ALLMR CRI 3526], [2017 ALLCC 100 927], [2017 ACR 2 2225], [2017 ALT CRL AP 2 393], [2017 ALD CRL SC 2 568], [2017 BOMCR CRI 3 677], [2017 CGLJ 3 573], [2017 CCR SC 3 211], [2017 CTC 4 667], [2017 DMCSC 2 747], [2017 GLH 2 818], [2017 GLR 3 2430], [2017 ILR KER 3 425], [2017 JLJR 3 180], [2017 JCC 3 1919], [2017 KHC 4 163], [2017 KLJ 3 861], [2017 MLJ CRL 3 602], [2017 PLJR 3 240], [2017 RLW SC 3 2266], [2017 RCR CRIMINAL 3 836], [2017 SCALE 8 313], [2017 SCJ 7 94], [2017 UC 3 1601], [2017 WLN SC 3 81], [2018 SCC 10 472], [2019 SCC CRI 1 3012017 SCR 9 529], [2017 GUJ LR 3 2430], [2017 GUJ LH 2 818], [2017 AIC 177 224], [2017 CRIMES 3 268], [2017 ECRN 3 381], [2018 CRI LJ 3593
Indiankanoon.org link: https://indiankanoon.org/doc/182220573/
News Article:
http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines/
