Taunting Wife Over Complexion Not 'Cruelty' Under Section 498A IPC - Bombay High Court

In a significant ruling, the Bombay High Court held that taunting a wife about her complexion does not amount to cruelty under Section 498A of the Indian Penal Code (IPC). The judgment was delivered by Justice SM Modak on July 11 in the case Sadashiv Parbati Rupnawar v. The State of Maharashtra.

The case pertained to the conviction of a husband for abetment of suicide and cruelty to his wife, who had died by suicide in 1995, two years after their marriage in 1993. The prosecution had alleged that the wife, Prema, was subjected to harassment for her dark complexion and her inability to prepare food properly. The trial court had convicted the husband, sentencing him to five years of imprisonment. However, his father, who was also chargesheeted, was acquitted.

On appeal, the High Court examined the evidence presented by the prosecution, which included the testimony of five witnesses and certain admitted documents. Justice Modak concluded that the prosecution had failed to establish a clear link between the alleged harassment and the wife’s suicide.

"Though Prema was being taunted on account of her complexion, I do not think that it will fall within the explanation to Section 498-A of the Indian Penal Code," the Court observed. The judgment emphasized that for conduct to qualify as 'cruelty' under Section 498A, it must be of a “high degree.”

Referring to the trial court’s findings, Justice Modak noted, “The trial court is fully aware of Explanation (a) to Section 498A, which requires the conduct to be willful and of a grave nature. However, even upon accepting the evidence of the witnesses, the harassment alleged is not of such intensity as to meet the threshold required under the law.”

As for the charge under Section 306 IPC (abetment of suicide), the Court held that the prosecution failed to establish that the suicide was a direct result of the alleged harassment.

“The conviction for the offence punishable under Section 306 of the IPC cannot be sustained, because the prosecution could not prove the suicide being the outcome of the harassment,” Justice Modak ruled.

Consequently, the High Court set aside the conviction and acquitted the husband.

Advocate Nasreen SK Ayubi appeared for the appellant-accused, while Advocate RS Tendulkar represented the State.