CASE IN RESPECT OF SEC.498 OF I.P.C

Section 113-B reads as follows:-

"113-B: Presumption as to dowry death-When the question is whether a person
has committed the dowry death of a woman and it is shown that soon before
her death such woman has been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry, the Court
shall presume that such person had caused the dowry death.

Explanation-For the purpose of this section `dowry death' shall have the
same meaning as in Section have the same meaning as in Section 304-B of the
Indian Penal Code (45 of 1860)."

Consequences of cruelty which are likely to drive a woman to commit suicide
or to cause grave injury or danger to life, limb or health, whether mental
or physical of the woman is required to be established in order to bring
home the application of Section 498A IPC. Cruelty has been defined in the
explanation for the purpose of Section 498A. It is to be noted that
Sections 304-B and 498A, IPC cannot be held to be mutually inclusive. These
provisions deal with two distinct offences. It is true that cruelty is a
common essential to both the Sections and that has to be proved. The
explanation to Section 498A gives the meaning of `cruelty'. In Section 304-
B there is no such explanation about the meaning of `cruelty'. But having
regard to common background to these offences it has to be taken that the
meaning of `cruelty' or `harassment' is the same as prescribed in the
Explanation to Section 498A under which `cruelty' by itself amounts to an
offence.

The object for which Section 498A IPC was introduced is amply reflected in
the Statement of Objects and Reasons while enacting Criminal Law (Second
Amendment) Act No. 46 of 1983. As clearly stated therein the increase in
number of dowry deaths is a matter of serious concern. The extent of the
evil has been commented upon by the Joint Committee of the Houses to
examines the work of the Dowry Prohibition Act, 1961. In some cases,
cruelty of the husband and the relatives of the husband which culminate in
suicide by or murder of the helpless woman concerned, which constitute only
a small fraction involving such cruelty. Therefore, it was proposed to
amend IPC, the Code of Criminal Procedure, 1973 (in short `the Cr.P.C.')
and the Evidence Act suitably to deal effectively not only with cases of
dowry deaths but also cases of cruelty to married women by the husband, in
laws and relatives. The avowed object is to combat the menance of dowry
death and cruelty.

One other provision which is relevant to be noted is Section 306 IPC. The
basic difference between the two Section i.e. Section 306 and Section 498A
is that of intention. Under the latter. cruelty committed by the husband or
his relations drag the women concerned to commit suicide, while under the
former provision suicide is abetted and intended.

It is well settled that mere possibility of abuse of a provisions of law