Bhagwati Devi v. State of Uttarakhand 2025 INSC 1051 - S. 498A IPC

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Read Judgment

Indian Penal Code 1860 - Section 498A - Demand for dowry in any form is itself sufficient for Section 498-A of IPC being attracted. Demand made in any form either by the husband or by the relative of the husband would also attract Section 498-A of IPC. Even if the demand exhibits the conduct that would likely to drive the said woman being unable to bear such conduct would attract Explanation (a). Likewise, harassing of a married woman with a view to coercing her or her relative to meet any unlawful demand would also fall within the mischief of the expression ‘cruelty’ - It has to be established that the woman had been subjected to cruelty continuously/ persistently or atleast in close proximity of time of lodging of complaint. (Para 8) [Context: SC acquitted the accused who was concurrently convicted under Section 498A IPC]

Case Info

Case Name and Neutral Citation

  • Case Name: Smt. Bhagwati Devi v. State of Uttarakhand
  • Neutral Citation: 2025 INSC 1051

Coram (Judges)

  • Justice Aravind Kumar
  • Justice N.V. Anjaria

Judgment Date

  • August 29, 2025

Caselaws and Citations Referred

  • Manju Ram Kalita vs. State of AssamCitation: (2009) 13 SCC 330

Statutes/Laws Referred

  • Indian Penal Code (IPC):
    • Section 498-A (Cruelty by husband or relatives of husband)
    • Section 304-B (Dowry death)
    • Section 302 read with Section 34 (Murder with common intention)