CONCLUSION
23. (i) Section 498A is held to be applicable to “live-in
relationships” that qualify as “relationships in the nature of
marriage” with the intent to marry being established as an
intrinsic part thereof;
(ii) The “live-in relationships” protected by Section 498A, it
is stated for ample clarity, are those that are between two
consenting adult individuals;
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No (s). OF 2026
DR. LOKESH B.H. & ORS. Vs STATE OF KARNATAKA & ANR.
Author: SANJAY KAROL, J.
Citation: 2026 INSC 784
For ease of reference, the judgment is divided as follows:
Table of Contents
PREVIOUS PROCEEDINGS ……………………………………………….. 3
SUBMISSIONS OF THE LEARNED COUNSEL ………………………. 5
RELEVANT PROVISIONS …………………………………………………. 11
OUR CONSIDERATION ……………………………………………………. 16
STRICT INTERPRETATION OF PENAL STATUTES ……………….. 16
MISCHIEF RULE AND PURPOSIVE INTERPRETATION …………. 23
CONCEPT, OBJECT, IMPORT AND MISUSE OF SECTION 498A
IPC ………………………………………………………………………………. 31
RELATIONSHIP IN THE NATURE OF MARRIAGE:
UNDERSTANDING THE CONCEPT ……………………………………. 42
WHETHER PROTECTION UNDER THE DV ACT SUFFICES? …. 48
PROTECTION OF LAW DEPENDS ON A CHOICE? ……………….. 55
HARMONISING WORDS AND INTENT ……………………………….. 63
RELEVANT SAFEGUARDS ………………………………………………. 72
PRESENT FACTS ……………………………………………………………. 75
CONCLUSION ……………………………………………………………….. 76
1. Leave Granted.
2. These appeals present a pertinent question as to whether a
man who is in a live-in relationship can be prosecuted under
Section 498A of the Indian Penal Code, 18601. This question arises
at the instance of the appellant, Dr. Lokesh B.H., whose petition
under Section 482 of the Code of Criminal Procedure, 19732 to
quash the proceedings initiated by respondent no.2, (Smt.
Theertha) being CC No. 28129 of 2023 and CC No. 630 of 2019
was rejected by the High Court of Karnataka at Bengaluru, in
terms of common judgment and order dated 18th November, 2025,
in Criminal Petition Nos. 8134 of 2024 and 9412 of 2021.
PREVIOUS PROCEEDINGS
3. The allegations are that the accused-appellant and
respondent no. 2 were married as per Hindu customs and rituals
on 17th October 2010 and since then were residing in Bengaluru.
Come 2016, however, the marriage of the parties hit rocky waters
leading up to the present appeal. A perusal of the record reveals
that the dispute inter partes led to the filing of two complaints by
respondent no.2, being Crime No. 383 of 2016 and Crime No. 450
of 2016. The former culminated in a charge-sheet 3 being filed
before the III Additional Civil Judge (Junior Division) and JMFC,
1 IPC
2 CrPC
3 CC No. 630 of 2019
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Shivamogga District, under Section 498A IPC. The latter resulted
in charge-sheet4 under Sections 498A, 504, 506, 307,494 and 149
of the IPC, along with Sections 3 and 4 of the Dowry Prohibition
Act, 1961 5 before the XXIV Additional Chief Metropolitan
Magistrate, Bengaluru.
4. To begin with, the difference between the parties rests at a
fundamental point, whether or not they were married. The
accused-appellant contends that they were not married at all and
as such no question arises regarding the application of Section
498A. Respondent No. 2, on the other hand, submits that they had
been in a valid subsisting marriage and, therefore, all the Sections
in which the appellant has been charged are actually
maintainable. The High Court rejected the contentions of the
appellant that a valid marriage is a sine qua non for the application
of Section 498A IPC, as an unduly technical construction of the
provision that is removed from the purpose and intent thereof. It
was observed that the appellant had suppressed the factum of his
first marriage, and that after marrying respondent no.2, presented
himself as her husband. The relevant extract of the High Court’s
reasoning is as under:
“13.9. The term “husband” in Section 498A must be given a
purposive and expansive construction, and the protection
afforded by the provision cannot be denied merely on the
technical ground of a void marriage. Where a man induces a
woman to believe that she is lawfully married to him, and
thereafter subjects her to cruelty, such a man cannot be
4 CC No. 28129 of 2023
5 DPA
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permitted to evade criminal responsibility on the plea that no
valid marriage existed in law.
13.10. The facts, as they stand, clearly show that the
Petitioner and Respondent No.2 lived together in a
relationship having all the trappings of a marital union. They
cohabited, represented themselves as husband and wife, and
performed domestic and social obligations typically
associated with marriage. The relationship thus falls squarely
within what has been recognised in recent times as
a“relationship in the nature of marriage”, or colloquially
known as a “Live-In” relationship, attracting the protective
umbrella of Section 498A, provided the factual allegations
satisfy the elements of “cruelty” as defined in the explanation
to the section.
…
13.14. In the result, I hold that the expression “husband” in
Section 498A IPC is not confined to a man in a legally valid
marriage, but extends to one who enters into a marital
relationship which is void or voidable, as also to a live-in
relationship which bears the attributes of marriage, so long
as the essential ingredients of cruelty as defined in the
explanation to the section are satisfied.”
(emphasis supplied)
SUBMISSIONS OF THE LEARNED COUNSEL
5. Mr. Anand Sanjay M. Nuli, learned senior counsel, appeared
for the appellant, Mr. Brijender Chahar, learned Additional
Solicitor General, appeared for the State of Karnataka. Ms. Hetu
Arora Sethi, appeared for respondent no.2. Ms. Aishwarya Bhati,
learned Additional Solicitor General, and Ms. Nina R Nariman,
learned counsel, assisted the Court as amicus curiae.
5.1 Mr. Nuli, submits that Section 498A of IPC, being a
penal provision, has to be construed strictly to include only
a husband i.e., a man in a valid and lawful marriage – not a
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void one. Awarding such an interpretation to the Section
does not render the woman remedy-less, as a number of
other provisions of the IPC and the Protection of Women
from Domestic Violence Act, 2005 6 would apply. In
furtherance of the submission, reliance is placed on
Shivcharan Lal Verma vs. State of Madhya Pradesh7
where the Court had set aside a conviction under Section
498A since the marriage in question was null and void; in U.
Suvetha vs. State8 it was observed that for a person to be
included within the term “husband”, he would have to have
contracted a valid marriage and then subjected the wife to
cruelty; paragraph 7 thereof, culled out the ingredients of
the offence and one of them is that the woman must be
married; in Aluri Venkata Ramana vs. Aluri Thirupathi
Rao9 – herein, the objective of the Section was discussed as
being the protection for married women from cruelty at the
hands of their husbands and in-laws. This was held to be
inclusive of acts of harassment or coercion of the woman or
her family into not only fulfilling demands for property or
valuable security, including dowry, but otherwise also. In
other words, it served a broader objective to safeguard such
women.
6 DV Act
7 (2007) 15 SCC 369
8 (2009) 6 SCC 757
9 2024 SCC Online 5473
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5.2 The Union of India supported the case of the appellant.
It was submitted that the parliamentary debates regarding
the DV Act specifically recorded that prior to this Act, all
other remedies available to women, including Section 498A
IPC, specifically cater to married women. Further, that
under the variety of legislations, both religiously specific and
secular laws governing marriage, the recognition for
marriage is between a biological male and a biological
female. Living together for however long does not constitute
marriage within the understanding of the statutory regime.
Reference is made to P. Sivakumar vs. State represented
by DSP10; Noor Jahan vs. State11; D Velusamy vs. D.
Patchaiammal12; U. Suvetha supra; K.V. Prakash Babu
vs . State of Karnataka13; Prathiba Tyagi vs. Kamlesh
Devi14. Further, with reference to Indra Sarma vs. VKV
Sarma15; Yamunabai Anantrao Adhav vs. Anantrao
Shivram Adhav 16 ; Savitaben Somabhai Bhatiya vs.
State of Gujarat 17 ; Badshah vs. Urmila Badshah
Godse 18 . The meaning of the word “wife” has been
expounded to say that all live-in relationships are not
relationships in the nature of marriage and the recognition
of such relationships within the meaning of the DV Act were
10 Cr. Appeal No. 1404 of 2023 of the Supreme Court of India
11 (2008) 11 SCC 55
12 (2010) 10 SCC 469
13 (2017) 11 SCC 176
14 (2022) 8 SCC 90
15 (2013) 15 SCC 755
16 (1988) 1 SCC 530
17 (2005) 3 SCC 636
18 (2014) 1 SCC 188
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for civil remedial purposes; a second marriage which is
obviously void does not confer status of wife on the second
woman, even under Section 125 Cr.PC. “wife” means a
legally wedded wife. If the law suffers from any inadequacy,
the same is only within the scope of the Parliament to
remedy.
5.3 Ms. Hetu Arora Sethi, submits that the word “husband”
has to be given a purposive construction, and the Section
must be applied also to void/voidable marriages. In essence,
the reasoning of the High Court is adopted. Relying on
Reema Aggarwal vs. Anupam19 and A.Subash Babu vs.
State of A.P.20, it is submitted that Section 498A would be
maintainable in a case where the second wife is not legally
wedded but has been induced into a second marriage and
subjected to cruelty. If the appellants’ submission is
accepted, it would amount to a wrongdoer taking advantage
of his own wrong. At the stage of quashing when a prima
facie case of cruelty is made out, such proceedings should
not be interfered with.
5.4 The State of Karnataka supports the position of
respondent no.2 and prays for dismissal of the appeal.
5.5 Ms. Nariman, by way of detailed submissions, has
supported the application of Section 498A to live-inrelationships
that qualify as “relationships in the nature of
marriage”. In doing so, she has vehemently argued for
19 (2004) 3 SCC 199
20 (2011) 7 SCC 616
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purposive interpretation of legislation carrying socially
reformative objectives. (See: Koppisettti Subbharao vs.
State of Andhra Pradesh21 ; Chief Justice of A.P. vs.
L.V.A. Dixitulu22; Kehar Singh vs. State (Delhi Admn.)23;
Badshah supra; Rupali Devi vs. State of Uttar
Pradesh24; X vs. State (NCT of Delhi)25. Further, the
interpretation of Section 498A of IPC must be in accordance
with Articles 14, 15(3) and 21 of the Constitution of India.
In Hiral P. Harsora & Ors. vs. Kusum Narotmdas
Harsora26 Section 2(Q) of the DV Act, which restricted the
meaning of the word “relative” to an adult male, was struck
down as the distinction between a male and a female relative
did not bear any rational nexus to the objective of the DV
Act. Similarly, it is argued that a male “in the nature of the
husband” cannot be excluded from the word “husband”
within the Section, for doing so shall not be a reasonable
classification. K.S. Puttaswamy vs. Union of India 27
recognized ‘privacy’ as an intrinsic facet of Article 21, which
includes the ability of an individual to make choices that lie
at the core of their personality. This, it is argued, would
include the right to marry or not; as also the choice to enter
into relationships in the nature of marriage. By adopting a
restrictive interpretation of the word “husband”, the effect
21 (2009) 12 SCC 331
22 (1979) 2 SCC 34
23 (1988) 3 SCC 609
24 (2019) 5 SCC 384
25 (2023) 9 SCC 433
26 (2016) 10 SCC 165
27 (2017)10 SCC 1
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would be that perpetrators of domestic violence would fall
through the cracks. Reliance is placed on observations in
Reema Aggarwal supra, more particularly para 11 and 18
thereof, wherein it has been observed that strict
interpretation of the term “husband” and “wife” is warranted
in cases of civil rights, Right to Property etc., but a liberal
approach cannot be questioned against its application if the
intent is curbing a social evil. Reema Aggarwal supra has
been affirmed by a three-Judge Bench – Rajinder Singh vs.
State of Punjab28. It is submitted that reading of all these
judgments, including Shiv Charan Lal Verma supra,
would reveal that Section 498A will not apply in a case where
a woman knowingly enters into a relationship with a married
man. However, if the woman was not aware of the previous
relationship and her relationship with the said married man
carries the trappings of a marriage, then the same would
apply. In connection with Section 304B, Rajinder Singh
supra is once again referred to and the same has been
directed to be construed liberally in view of its socially
beneficent objective. The interpretation given by this Court
to the phrase “relationship in the nature of the marriage” as
under the DV Act is instructive in the present case for
interpreting the word “husband”. In the context of Section
125 also, it is submitted that although initially a restrictive
28 (2015) 6 SCC 477
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view was taken, the same has been subsequently whittled
down- See: Kamala vs. M R Mohan Kumar29.
RELEVANT PROVISIONS
The Indian Penal Code, 1860
304B. Dowry death.— (1) Where the death of a woman is caused
by any burns or bodily injury or occurs otherwise than under
normal circumstances within seven years of her marriage and it is
shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or
in connection with, any demand for dowry, such death shall be
called “dowry death”, and such husband or relative shall be
deemed to have caused her death.
Explanation.— For the purpose of this sub-section, “dowry” shall
have the same meaning as in section 2 of the Dowry Prohibition
Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life.
498A. Husband or relative of husband of a woman subjecting
her to cruelty.—
Whoever, being the husband or the relative of the husband of a
woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall
also be liable to fine.
Explanation.— For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to
drive the woman to commit suicide or to cause grave injury or
danger to life, limb or health (whether mental or physical) of the
woman; or
(b) harassment of the woman where such harassment is with a
view to coercing her or any person related to her to meet any
unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet such
demand.
(emphasis supplied)
29 (2019) 11 SCC 491
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Cr.P.C.
125. Order for maintenance of wives, children and parents.-
(1) If any person having sufficient means neglects or refuses to
maintain –
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether
married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a
married daughter) who has attained majority, where
such child is, by reason of any physical or mental
abnormality or injury, unable to maintain itself, or
(d) his father or mother, unable to maintain himself or
herself,
a Magistrate of the first class may, upon proof of such neglect or
refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such
monthly rate as such Magistrate thinks fit, and to pay the same to
such person as the Magistrate may from time to time direct :
Provided that the Magistrate may order the father of a minor
female child referred to in clause (b) to make such allowance, until
she attains her majority, if the Magistrate is satisfied that the
husband of such minor female child, if married, is not possessed
of sufficient means:
Provided further that the Magistrate may, during the
pendency of the proceeding regarding monthly allowance for the
maintenance under this sub-section, order such person to make a
monthly allowance for the interim maintenance of his wife or such
child, father or mother, and the expenses of such proceeding which
the Magistrate considers reasonable, and to pay the same to such
person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance
for the interim maintenance and expenses of proceeding under the
second proviso shall, as far as possible, be disposed of within sixty
days from the date of the service of notice of the application to such
person
Explanation. – For the purposes of this Chapter, –
(a) “minor” means a person who, under the provisions of the
Indian Majority Act, 1875 (9 of 1875) is deemed not to have
attained his majority,
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(b) “wife” includes a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim
maintenance and expenses for proceeding shall be payable from
the date of the order, or, if so ordered, from the date of the
application for maintenance or interim maintenance and expenses
of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to
comply with the order, any such Magistrate may, for every breach
of the order, issue a warrant for levying the amount due in the
manner provided for levying fines, and may sentence such person,
for the whole or any part of each month’s [allowance for the
maintenance or the interim maintenance and expenses of
proceeding, as the case may be, remaining unpaid after the
execution of the warrant, to imprisonment for a term which may
extend to one month or until payment if sooner made :
Provided that no warrant shall be issued for the recovery of
any amount due under this section unless application be made to
the Court to levy such amount within a period of one year from the
date on which it became due:
Provided further that if such person offers to maintain his
wife on condition of her living with him, and she refuses to live
with him, such Magistrate may consider any grounds of refusal
stated by her, and may make an order under this section
notwithstanding such offer, if he is satisfied that there is just
ground for so doing.
Explanation.- If a husband has contracted marriage with another
woman or keeps a mistress, it shall be considered to be just ground
for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an [allowance for the
maintenance or the interim maintenance and expenses of
proceeding, as the case may be from her husband under this
section if she is living in adultery, or if, without any sufficient
reason, she refuses to live with her husband, or if they are living
separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made
under this section is living in adultery, or that without sufficient
reason she refuses to live with her husband, or that they are living
separately by mutual consent, the Magistrate shall cancel the
order.
(emphasis supplied)
… … …
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BNS (Bharatiya Nyaya Sanhita)
Section 85 – Husband or relative of husband of a woman
subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a
woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall
also be liable to fine.
(emphasis supplied)
Bharatiya Nagarik Suraksha Sanhita, 2023
Order for maintenance of wives, children and parents.
144. (1) If any person having sufficient means neglects or refuses
to maintain-
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not,
unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married
daughter) who has attained majority, where such child is, by
reason of any physical or mental abnormality or injury
unable to maintain itself; or
(d) his father or mother, unable to maintain himself or
herself,
a Magistrate of the first class may, upon proof of such neglect or
refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such
monthly rate as such Magistrate thinks fit and to pay the same to
such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child
referred to in clause (b) to make such allowance, until she attains
her majority, if the Magistrate is satisfied that the husband of such
female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of
the proceeding regarding monthly allowance for the maintenance
under this sub-section, order such person to make a monthly
allowance for the interim maintenance of his wife or such child,
father or mother, and the expenses of such proceeding which the
Magistrate considers reasonable, and to pay the same to such
person as the Magistrate may from time to time direct:
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Provided also that an application for the monthly allowance for
the interim maintenance and expenses of proceeding under the
second proviso shall, as far as possible, be disposed of within sixty
days from the date of the service of notice of the application to such
person.
Explanation.- For the purposes of this Chapter, “wife” includes a
woman who has been divorced by, or has obtained a divorce from,
her husband and has not remarried.
(2) Any such allowance for the maintenance or interim
maintenance and expenses of proceeding shall be payable from the
date of the order, or, if so ordered, from the date of the application
for maintenance or interim maintenance and expenses of
proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply
with the order, any such Magistrate may, for every breach of the
order, issue a warrant for levying the amount due in the manner
provided for levying fines, and may sentence such person, for the
whole or any part of each month’s allowance for the maintenance
or the interim maintenance and expenses of proceeding, as the
case may be, remaining unpaid after the execution of the warrant,
to imprisonment for a term which may extend to one month or
until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any
amount due under this section unless application be made to the
Court to levy such amount within a period of one year from the
date on which it became due:
Provided further that if such person offers to maintain his wife on
condition of her living with him, and she refuses to live with him,
such Magistrate may consider any grounds of refusal stated by
her, and may make an order under this section notwithstanding
such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another
woman or keeps a mistress, it shall be considered to be just ground
for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the
maintenance or the interim maintenance and expenses of
proceeding, from her husband under this section if she is living in
adultery, or if, without any sufficient reason, she refuses to live
with her husband, or if they are living separately by mutual
consent.
(5) On proof that any wife in whose favour an order has been made
under this section is living in adultery, or that without sufficient
reason she refuses to live with her husband, or that they are living
separately by mutual consent, the Magistrate shall cancel the
order.
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OUR CONSIDERATION
6. What we are now required to consider in the light of the
aforenoted submissions is as to whether Section 498A IPC can be
given a construction so as to include the man in a “live-in
relationship”. It is quite clear that the word used in the Section is
“husband”. As already observed, Mr. Nuli, wants the word to be
strictly interpreted, and the Union of India agrees with him. The
respondent and Ms. Nariman, say that the word should be given a
purposive interpretation. Let us then understand these two canons
of statutory interpretation.
STRICT INTERPRETATION OF PENAL STATUTES
(a) A Constitution Bench in Commr. of Customs vs.
Dilip Kumar & Co.30, which was to determine the rule
of interpretation to be applied in interpreting a
provision/notification for tax exemption, particularly
with respect to the entitlement of the assessee and the
rate of the tax to be applied, discussed the rule of strict
interpretation, also referring to earlier directions in the
context of penal statutes, as follows:
“20. It is well accepted that a statute must be construed
according to the intention of the legislature and the courts
should act upon the true intention of the legislation while
applying law and while interpreting law. If a statutory
provision is open to more than one meaning, the Court has
to choose the interpretation which represents the intention
of the legislature.
….
30 (2018) 9 SCC 1
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22. In Kanai Lal Sur v. Paramnidhi Sadhukhan [Kanai Lal
Sur v. Paramnidhi Sadhukhan, AIR 1957 SC 907] , it was
held that if the words used are capable of one construction
only then it would not be open to the courts to adopt any
other hypothetical construction on the ground that such
construction is more consistent with the alleged object and
policy of the Act.
23. In applying rule of plain meaning any hardship and
inconvenience cannot be the basis to alter the meaning to
the language employed by the legislation. This is especially
so in fiscal statutes and penal statutes. Nevertheless, if the
plain language results in absurdity, the court is entitled to
determine the meaning of the word in the context in which
it is used keeping in view the legislative purpose.
[Commr. v. Mathapathi Basavannewwa, (1995) 6 SCC
355] Not only that, if the plain construction leads to
anomaly and absurdity, the court having regard to the
hardship and consequences that flow from such a
provision can even explain the true intention of the
legislation. Having observed general principles applicable
to statutory interpretation, it is now time to consider rules
of interpretation with respect to taxation.
24. In construing penal statutes and taxation statutes, the
Court has to apply strict rule of interpretation. The penal
statute which tends to deprive a person of right to life and
liberty has to be given strict interpretation or else many
innocents might become victims of discretionary decisionmaking….”
…
28. The decision of this Court in Punjab Land Development
and Reclamation Corpn. Ltd. v. Labour Court [Punjab
Land Development and Reclamation Corpn. Ltd. v. Labour
Court, (1990) 3 SCC 682 : 1991 SCC (L&S) 71] , made the
said distinction, and explained the literal rule: (SCC p.
715, para 67)
“67. The literal rules of construction
require the wording of the Act to be
construed according to its literal and
grammatical meaning, whatever the result
may be. Unless otherwise provided, the
same word must normally be construed
throughout the Act in the same sense, and
in the case of old statutes regard must be
had to its contemporary meaning if there
has been no change with the passage of
time.”
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That strict interpretation does not encompass strict
literalism into its fold. It may be relevant to note that
simply juxtaposing “strict interpretation” with “literal rule”
would result in ignoring an important aspect that is
“apparent legislative intent”. We are alive to the fact that
there may be overlapping in some cases between the
aforesaid two rules. With certainty, we can observe that,
“strict interpretation” does not encompass such literalism,
which lead to absurdity and go against the legislative
intent. As noted above, if literalism is at the far end of the
spectrum, wherein it accepts no implications or inferences,
then “strict interpretation” can be implied to accept some
form of essential inferences which literal rule may not
accept.”
(emphasis supplied)
(b) Further, a Constitution Bench in Standard
Chartered Bank vs. Directorate of Enforcement31,
while dealing with an issue under the Foreign Exchange
Regulation Act, 1973, extensively discussed the rule of
strict interpretation by K.G. Balakrishnan, J. as he
then was observed:
“23. … It is true that all penal statutes are to be strictly
construed in the sense that the court must see that the
thing charged as an offence is within the plain meaning of
the words used and must not strain the words on any
notion that there has been a slip that the thing is so clearly
within the mischief that it must have been intended to be
included and would have been included if thought of. All
penal provisions like all other statutes are to be fairly
construed according to the legislative intent as expressed
in the enactment. Here, the legislative intent to prosecute
corporate bodies for the offence committed by them is clear
and explicit and the statute never intended to exonerate
them from being prosecuted. It is sheer violence to
common sense that the legislature intended to punish the
corporate bodies for minor and silly offences and extended
immunity of prosecution to major and grave economic
crimes.
31 (2005) 4 SCC 530
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24. The distinction between a strict construction and a
more free one has disappeared in modern times and now
mostly the question is “what is true construction of the
statute?” A passage in Craies on Statute Law, 7th Edn.
reads to the following effect:
“The distinction between a strict and a liberal
construction has almost disappeared with
regard to all classes of statutes, so that all
statutes, whether penal or not, are now
construed by substantially the same rules. ‘All
modern Acts are framed with regard to
equitable as well as legal principles.’ ‘A
hundred years ago,’ said the court in Lyons’
case [Lyons v. Lyons, 1858 Bell CC 38 : 169
ER 1158] , ‘statutes were required to be
perfectly precise and resort was not had to a
reasonable construction of the Act, and
thereby criminals were often allowed to
escape. This is not the present mode of
construing Acts of Parliament. They are
construed now with reference to the true
meaning and real intention of the legislature.”
At p. 532 of the same book, observations of Sedgwick are
quoted as under:
“The more correct version of the doctrine
appears to be that statutes of this class are to
be fairly construed and faithfully applied
according to the intent of the legislature,
without unwarrantable severity on the one
hand or unjustifiable lenity on the other, in
cases of doubt the courts inclining to mercy.””
D.M Dharmadhikari J in the same judgment said:
“36. The rule of interpretation requiring strict construction
of penal statutes does not warrant a narrow and pedantic
construction of a provision so as to leave loopholes for the
offender to escape (see Murlidhar Meghraj Loya v. State of
Maharashtra [(1976) 3 SCC 684 : 1976 SCC (Cri) 493] ). A
penal statute has to also be so construed as to avoid a
lacuna and to suppress mischief and to advance a remedy
in the light of the rule in Heydon’s case [(1584) 3 Co Rep
7a : 76 ER 637] . A common-sense approach for solving a
question of applicability of a penal statute is not ruled out
by the rule of strict construction. (See State of
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A.P. v. Bathu Prakasa Rao [(1976) 3 SCC 301 : 1976 SCC
(Cri) 395] and also G.P. Singh on Principles of Statutory
Interpretation, 9th Edn., 2004, Chapter 11, Synopsis 3 at
pp. 754 to 756)”.
And, Arun Kumar J. concurring, observed:
“42. So far the principle regarding strict construction of
penal statutes is concerned there can be no quarrel.
However, we need not misapply the principle. This
principle has developed only in the context of the
provisions in statutes which lay down the elements of an
offence and the persons who can be charged with it. If
there is any ambiguity or doubt as to whether in a given
case an offence is made out or not or about who can be an
offender with respect to the given offence, the ambiguity is
to be resolved in favour of the person charged. In Maxwell
on the Interpretation of Statutes, 12th Edn., the rule is
stated as under:
“Strict construction of words setting out the
elements of an offence.—If there is any
ambiguity in the words which set out the
elements of an act or omission declared to
be an offence, so that it is doubtful
whether the act or omission in question in
the case falls within the statutory words,
the ambiguity will be resolved in favour of
the person charged. This is, in practice, by
far the most important instance of the
strict construction of penal statutes.”
… … …”
(emphasis supplied)
(c) In holding that the difference of amount in the
cheque subject matter of Section 138, Negotiable
Instrument Act, 1881 proceedings vis-à-vis the notice
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sent thereunder, would not be a mere typographical
error and would in fact be an error in law, the judgment
in Kaveri Plastics vs. Mahdoom Bawa Bahrudeen
Noorul32, discussed strict interpretation as follows:
“6. The interpretation of the words “said amount” in
proviso (b) to section 138 of the Negotiable Instruments
Act, as above is based on the principle of statutory
interpretation that penal statute would always be
construed and applied strictly. This court in M. Narayanan
Nambiar v. State of Kerala [1962 SCC OnLine SC 85; 1963
Supp (2) SCR 724; AIR 1963 SC 1116.] , spoke on the rule
of construction of a penal provision in its true perspective
by quoting from the English decision
in Dyke v. Elliott [[1872] LR 4 PC 184.] which was again
referred to in a more recent decision of this court in Balaji
Traders v. State of U.P. [2025 SCC OnLine SC 1314.] :
“A decision of the Judicial Committee in
Dyke v. Elliot [[1872] LR 4 PC 184.] , (1) cited
by the learned counsel as an aid for
construction neatly states the principle and
therefore may be extracted :
Lord justice James speaking (1) [1872] LR 4 PC
184, 191, for the Board observes at page 191 :
‘No doubt all penal Statutes are to be
construed strictly, that is to say, the court
must see that the thing charged as an offence
is within the plain meaning of the words used,
and must not strain the words on any notion
that there has been a slip, that there has been
a casus omissus, that the thing is so clearly
within the mischief that it must have been
intended to be included if thought of. On the
other hand, the person charged has a right to
say that the thing charged although within the
words, is not within the spirit of the
enactment.”
(emphasis supplied)
32 2025 SCC OnLine SC 2019 (Two Judge Bench)
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(d) Chief Justice Marshall in United States vs.
Wiltberger 33 , succinctly captured the rule under
discussion as below:
“7. It is said, that notwithstanding this rule, the intention
of the law maker must govern in the construction of penal,
as well as other statutes. This is true. But this is not a new
independent rule which subverts the old. It is a
modification of the ancient maxim, and amounts to this,
that though penal laws are to be construed strictly, they
are not to be construed so strictly as to defeat the obvious
intention of the legislature. The maxim is not to be so
applied as to narrow the words of the statute to the
exclusion of cases which those words, in their ordinary
acceptation, or in that sense in which the legislature has
obviously used them, would comprehend. The intention of
the legislature is to be collected from the words they
employ. Where there is no ambiguity in the words, there is
no room for construction. The case must be a strong one
indeed, which would justify a Court in departing from the
plain meaning of words, especially in a penal act, in search
of an intention which the words themselves did not
suggest. To determine that a case is within the intention of
a statute, its language must authorise us to say so. It
would be dangerous, indeed, to carry the principle, that a
case which is within the reason or mischief of a statute, is
within its provisions, so far as to punish a crime not
enumerated in the statute, because it is of equal atrocity,
or of kindred character, with those which are enumerated.
If this principle has ever been recognized in expounding
criminal law, it has been in cases of considerable irritation,
which it would be unsafe to consider as precedents
forming a general rule for other cases.”
(emphasis supplied)
(e) The principle that flows from reference to the above
decisions is that though penal statutes are to be given strict
construction, but however, in applying the same, it is
necessary to ‘seek the intention of its maker’. While doing so,
it is to be kept in mind that the legislature cannot
33 1820 SCC OnLine US SC 3
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exhaustively consider all situations and circumstances
where the statute may be required to be applied. It does not
as such, countenance strict literalism, without paying any
heed to the consequence. In fact, what we are required to
consider is “what is true construction of the statute”.
MISCHIEF RULE AND PURPOSIVE INTERPRETATION
(a) The rule of purposive interpretation requires the
Court, while interpreting a provision, to attach that
meaning to the provision which serves the purpose that
the provision is designed to achieve, which the values,
goals, interests and policies that the provision furthers.
This is done through the language of the statute, its
legislative purpose and the judicial discretion of the
Court. The relevant para of Shailesh Dhairyawan vs.
Mohan Balkrishna Lulla34 are extracted hereunder:
“31. …The principle of “purposive interpretation” or
“purposive construction” is based on the
understanding that the court is supposed to attach
that meaning to the provisions which serve the
“purpose” behind such a provision. The basic
approach is to ascertain what is it designed to
accomplish? To put it otherwise, by interpretative
process the court is supposed to realise the goal that
the legal text is designed to realise. As Aharon Barak
puts it:
“Purposive interpretation is based on
three components : language, purpose,
and discretion. Language shapes the
range of semantic possibilities within
34 (2016) 3 SCC 619
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which the interpreter acts as a linguist.
Once the interpreter defines the range, he
or she chooses the legal meaning of the
text from among the (express or implied)
semantic possibilities. The semantic
component thus sets the limits of
interpretation by restricting the
interpreter to a legal meaning that the
text can bear in its (public or private)
language.” [ Aharon Barak, Purposive
Interpretation in Law (Princeton
University Press, 2005).]
32. Of the aforesaid three components, namely,
language, purpose and discretion “of the court”,
insofar as purposive component is concerned, this is
the ratio juris, the purpose at the core of the text.
This purpose is the values, goals, interests, policies
and aims that the text is designed to actualise. It is
the function that the text is designed to fulfil.
33. We may also emphasise that the statutory
interpretation of a provision is never static but is
always dynamic. Though the literal rule of
interpretation, till some time ago, was treated as the
“golden rule”, it is now the doctrine of purposive
interpretation which is predominant, particularly in
those cases where literal interpretation may not
serve the purpose or may lead to absurdity. If it
brings about an end which is at variance with the
purpose of statute, that cannot be countenanced.
Not only legal process thinkers such as Hart and
Sacks rejected intentionalism as a grand strategy for
statutory interpretation, and in its place they offered
purposivism, this principle is now widely applied by
the courts not only in this country but in many other
legal systems as well.”
(b) In D. Vinod Shivappa vs. Nanda Belliappa35, it
is observed that the rule of purposive construction,
which is also known as the mischief rule, traces its
origin to Heydon’s case of 1584. It postulates that the
35 (2006) 6 SCC 456
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interpretation which remedies the gap and advances the
remedy, must be adopted.
(c) The four aspects to be considered in applying the
mischief rule as discussed in Heydon’s case, by Lord
Coke, were referred to by S.R. Das, Acting CJ, writing
for the majority of four out of seven judges in Bengal
Immunity Co. Ltd. v. State of Bihar36, in the following
words:
“27. It is a sound rule of construction of a statute firmly
established in England as far back as 1584 when Heydon
case [Heydon case, (1584) 3 Co Rep 7a : 76 ER 637] was
decided that : (ER p. 368)
“… for the sure and true interpretation of all
statutes in general (be they penal or
beneficial, restrictive or enlarging of the
common law,) four things are to be discerned
and considered—
1st. What was the common law before the
making of the Act.
2nd. What was the mischief and defect for
which the common law did not provide.
3rd. What remedy Parliament hath resolved
and appointed to cure the disease of the
commonwealth.
And, 4th. The true reason of the remedy; and
then the office of all the Judges is always to
make such construction as shall suppress
the mischief, and advance the remedy, and to
suppress subtle inventions and evasions for
continuance of the mischief, and pro privato
commodo, and to add force and life to the
cure and remedy, according to the true intent
of the makers of the Act, pro bona publico.”
(emphasis supplied)
36 (1955) 1 SCC 763
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(d) In the famous R.M.D. Chamarbaugwalla vs.
Union of India37, the mischief rule/Heydon’s rule was
enumerated with reference to Lord Coke. The intent of
those who made the law must be understood, and that
is to be understood by taking into account all the
relevant factors such as purpose of the legislation,
history etc.
(e) A three-judge Bench in MSR Leathers vs. S.
Palaniappan38, observed:
“29. … Having said that, we must add that one of the
salutary principles of interpretation of statutes is to
adopt an interpretation which promotes and advances
the object sought to be achieved by the legislation, in
preference to an interpretation which defeats such object.
This Court has in a long line of decisions recognised
purposive interpretation as a sound principle for the
courts to adopt while interpreting statutory provisions.
We may only refer to the decision of this Court in New
India Sugar Mills Ltd. v. CST [AIR 1963 SC 1207] ,
wherein this Court observed: (AIR p. 1213, para 8)
“8. … It is a recognised rule of interpretation
of statutes that the expressions used
therein should ordinarily be understood in
a sense in which they best harmonise with
the object of the statute, and which
effectuate the object of the legislature. If an
expression is susceptible of a narrow or
technical meaning, as well as a popular
meaning the court would be justified in
assuming that the legislature used the
expression in the sense which would carry
out its object and reject that which renders
the exercise of its power invalid.”
37 (1957) 1 SCC 650 (Constitution Bench)
38 (2013) 1 SCC 177
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32. To the same effect is the decision of this Court in S.P.
Jain v. Krishna Mohan Gupta [(1987) 1 SCC 191] wherein
this Court observed: (SCC p. 201, para 18)
“18. We are of the opinion that law should
take [a] pragmatic view of the matter and
respond to the purpose for which it was
made and also take cognizance of the
current capabilities of technology and
lifestyle of the community. It is well settled
that the purpose of law provides a good
guide to the interpretation of the meaning of
the Act. We agree with the views of Krishna
Iyer, J. in Busching Schmitz (P) Ltd. case
[Busching Schmitz (P) Ltd. v. P.T.
Menghani, (1977) 2 SCC 835] that
legislative futility is to be ruled out so long
as interpretative possibility permits.””
(emphasis supplied)
(f) In RBI v. Peerless General Finance & Investment
Co. Ltd.39, this Court observed:
“33. Interpretation must depend on the text and the
context. They are the bases of interpretation. One
may well say if the text is the texture, context is what
gives the colour. Neither can be ignored. Both are
important. That interpretation is best which makes
the textual interpretation match the contextual. A
statute is best interpreted when we know why it was
enacted. With this knowledge, the statute must be
read, first as a whole and then section by section,
clause by clause, phrase by phrase and word by
word. If a statute is looked at, in the context of its
enactment, with the glasses of the statute-maker,
provided by such context, its scheme, the sections,
clauses, phrases and words may take colour and
appear different than when the statute is looked at
without the glasses provided by the context. With
these glasses we must look at the Act as a whole and
discover what each section, each clause, each
phrase and each word is meant and designed to say
as to fit into the scheme of the entire Act. No part of
a statute and no word of a statute can be construed
in isolation. Statutes have to be construed so that
39 (1987) 1 SCC 424 (Two Judge Bench)
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every word has a place and everything is in its place.
It is by looking at the definition as a whole in the
setting of the entire Act and by reference to what
preceded the enactment and the reasonsfor it that
the Court construed the expression “Prize Chit”
in Srinivasa [(1980) 4 SCC 507 : (1981) 1 SCR 801 :
51 Com Cas 464] and we find no reason to depart
from the Court’s construction.”
(emphasis supplied)
(g) Denning LJ in Seaford Court Estates Ltd. v.
Asher40, with reference to purposive interpretation of
statutes observed as under:
“The English language is not an instrument
of mathematical precision. Our literature
would be much the poorer if it were. This is
where the draftsmen of Acts of Parliament
have often been unfairly criticised. A judge,
believing himself to be fettered by the
supposed rule that he must look to the
language and nothing else, laments that the
draftsmen have not provided for this or that,
or have been guilty of some or other
ambiguity. It would certainly save the
judges trouble if Acts of Parliament were
drafted with divine prescience and perfect
clarity. In the absence of it, when a defect
appears, a judge cannot simply fold his
hands and blame the draftsman. He must
set to work on the constructive task of
finding the intention of Parliament, and he
must do this not only from the language of
the statute, but also from a consideration of
the social conditions which gave rise to it
and of the mischief which it was passed to
remedy, and then he must supplement the
written word so as to give ‘force and life’ to
the intention of the legislature. … A judge
should ask himself the question how, if the
makers of the Act had themselves come
across this ruck in the texture of it, they
would have straightened it out? He must
then do as they would have done. A judge
must not alter the material of which the Act
40 [1949] 2 All ER 155
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is woven, but he can and should iron out
the creases.”
(emphasis supplied)
(h) Abhiram Singh v. C.D. Commachen 41 , was a
seven-judge Bench constituted to interpret Section 123
of the Representation of the People Act 1951. Madan
B. Lokur J., for the majority, made the following
observations regarding canons of interpretation qua
“Literal versus Purposive interpretation”:-
36. The conflict between giving a literal interpretation or
a purposive interpretation to a statute or a provision in a
statute is perennial. It can be settled only if the
draftsman gives a long-winded explanation in drafting
the law but this would result in an awkward draft that
might well turn out to be unintelligible. The interpreter
has, therefore, to consider not only the text of the law but
the context in which the law was enacted and the social
context in which the law should be interpreted. This was
articulated rather felicitously by Lord Bingham of
Cornhill in R. (Quintavalle) v. Secy. of State for Health [R.
(Quintavalle) v. Secy. of State for Health, 2003 UKHL 13 :
(2003) 2 AC 687 : (2003) 2 WLR 692 (HL)] when it was
said : (AC p. 695 C-H, paras 8-9)
“8. The basic task of the court is to ascertain
and give effect to the true meaning of what
Parliament has said in the enactment to be
construed. But that is not to say that
attention should be confined and a literal
interpretation given to the particular
provisions which give rise to difficulty. Such
an approach not only encourages immense
prolixity in drafting, since the draftsman
will feel obliged to provide expressly for
every contingency which may possibly arise.
It may also (under the banner of loyalty to
the will of Parliament) lead to the frustration
of that will, because undue concentration
on the minutiae of the enactment may lead
41 (2017) 2 SCC 629
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the court to neglect the purpose which
Parliament intended to achieve when it
enacted the statute. Every statute other
than a pure consolidating statute is, after
all, enacted to make some change, or
address some problem, or remove some
blemish, or effect some improvement in the
national life. The court’s task, within the
permissible bounds of interpretation, is to
give effect to Parliament’s purpose. So the
controversial provisions should be read in
the context of the statute as a whole, and
the statute as a whole should be read in the
historical context of the situation which led
to its enactment. …”
…
38. In Bennion on Statutory Interpretation [ 6th Edn.
(Indian Reprint) p. 847] it is said that:
“General judicial adoption of the term
“purposive construction” is recent, but the
concept is not new. Viscount Dilhorne,
citing Coke, said that while it is now
fashionable to talk of a purposive
construction of a statute the need for such a
construction has been recognized since the
seventeenth century. [Stock v. Frank Jones
(Tipton) Ltd., (1978) 1 WLR 231 at p. 234] In
fact the recognition goes considerable
further back than that. The difficulties over
statutory interpretation belong to the
language, and there is unlikely to be
anything very novel or recent about their
solution … Little has changed over
problems of verbal meaning since the
Barons of the Exchequer arrived at their
famous resolution in Heydon case [Heydon
Case, (1584) 3 Co Rep 7a : 76 ER 637] .
Legislation is still about remedying what is
thought to be a defect in the law. Even the
most “progressive” legislator, concerned to
implement some wholly normal concept of
social justice, would be constrained to
admit that if the existing law accommodated
the notion there would be no need to change
it. No legal need that is ….”
39. We see no reason to take a different view. Ordinarily,
if a statute is well drafted and debated in Parliament there
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is little or no need to adopt any interpretation other than
a literal interpretation of the statute. However, in a welfare
State like ours, what is intended for the benefit of the
people is not fully reflected in the text of a statute. In such
legislations, a pragmatic view is required to be taken and
the law interpreted purposefully and realistically so that
the benefit reaches the masses. Of course, in statutes that
have a penal consequence and affect the liberty of an
individual or a statute that could impose a financial
burden on a person, the rule of literal interpretation would
still hold good.
(emphasis supplied)
(i) Text and context, both of the legislation and society,
point to the purpose of the statute, is the conclusion of
the above discussion.
CONCEPT, OBJECT, IMPORT AND MISUSE OF SECTION 498A
IPC
7. Section 498A IPC was introduced through the Criminal Law
(Second Amendment) Act, 198342, the statement of objects and
reasons of which, is as under:
“The increasing 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 examine the working of the Dowry Prohibition Act,
1961. Cases of cruelty by the husband and relatives of the husband
which culminate in suicide by, or murder of, the helpless woman
concerned, constitute only a small fraction of the cases involving such
cruelty. It is, therefore, proposed to amend the Indian Penal Code, the
Code of Criminal Procedure and the Indian Evidence Act suitably to deal
effectively not only with cases of dowry deaths but also cases of cruelty
to married women by their in-laws.”
(emphasis supplied)
Regarding amendments in the IPC, it was observed as follows:
42 Act No. 46 of 1983
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“2. The following are the changes which are proposed to be
made:-
(i)The Indian Penal Code is proposed to be amended to make cruelty to
a woman by her husband or any relative of her husband punishable
with imprisonment for a term which may extend to three years and also
with fine. Wilful conduct of such a nature by the husband or any relative
of the husband as is likely to drive the woman to commit suicide or
cause grave physical or mental injury to her, and harassment of a
woman by her husband or by any relative of her husband with a view to
coercing her or any of her relative to meet any unlawful demand for
property would be punishable as cruelty. The offence will be cognizable
if information relating to the commission of the offence is given to the
officer in charge of a police station by the victim of the offence or a
relative of the victim of the offence or in the absence of any such relative,
by any public servant authorised in this behalf by the State
Government. It is also being provided that no Court shall take
cognizance of the offence except upon a police report or a complaint
made by the victim of the offence or by her father, mother, brother, sister
or by her father’s or mother’s brother or sister or with the leave of the
Court by any other person related to her by blood, marriage or
adoption, (vide clauses 2, 5 and 6 of the Bill).”
(emphasis supplied)
7.1 This Court in Reema Aggarwal vs. Anupam43, took
the view that Section 498A had to be interpreted purposively.
The Court asked the exact question which arises in this case.
Can a person, be it a living male partner or his relatives be
allowed to hide behind the smokescreen of the relationship
between the parties not being a valid marriage, if they are
meting out cruelty to the female partner? The relevant
observations are as follows:
“18. … Legislation enacted with some policy to curb and
alleviate some public evil rampant in society and
effectuate a definite public purpose or benefit positively
requires to be interpreted with a certain element of
realism too and not merely pedantically or
43 (2004) 3 SCC 199
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hypertechnically. The obvious objective was to prevent
harassment to a woman who enters into a marital
relationship with a person and later on, becomes a
victim of the greed for money. Can a person who enters
into a marital arrangement be allowed to take shelter
behind a smokescreen to contend that since there was
no valid marriage, the question of dowry does not arise?
Such legalistic niceties would destroy the purpose of the
provisions. Such hairsplitting legalistic approach would
encourage harassment to a woman over demand of
money. The nomenclature “dowry” does not have any
magic charm written over it. It is just a label given to
demand of money in relation to marital relationship.
The legislative intent is clear from the fact that it is not
only the husband but also his relations who are covered
by Section 498A. The legislature has taken care of
children born from invalid marriages. … It would be
appropriate to construe the expression “husband” to
cover a person who enters into marital relationship and
under the colour of such proclaimed or feigned status
of husband subjects the woman concerned to cruelty or
coerces her in any manner or for any of the purposes
enumerated in the relevant provisions — Sections 304-
B/498A, whatever be the legitimacy of the marriage
itself for the limited purpose of Sections 498A and 304-
B IPC. Such an interpretation, known and recognized as
purposive construction has to come into play in a case
of this nature. The absence of a definition of “husband”
to specifically include such persons who contract
marriages ostensibly and cohabit with such woman, in
the purported exercise of their role and status as
“husband” is no ground to exclude them from the
purview of Section 304-B or 498A IPC, viewed in the
context of the very object and aim of the legislations
introducing those provisions.”
(emphasis supplied)
7.2 The observations in Reema Aggarwal supra were
quoted with approval by a bench of three judges in Rajinder
Singh vs. State of Punjab44.
44 (2015) 6 SCC 477
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7.3 Coming to Shivcharan Lal Verma vs. State of M.P.45
we find that it is an order passed by a Bench of three judges.
The case essentials involved Section 306, which is not
relevant for our purposes, and the question of 498A was
decided totally on the facts of the case, it does not postulate
a binding precedent, more so when Reema Agarwal supra
stands affirmed by a three-judge bench in Rajinder Singh
supra.
7.4 Still further, we notice that in U. Suvetha vs. State46,
this Court observed as follows:
“7. Ingredients of Section 498A of the Penal Code are:
(a) The woman must be married;
(b) She must be subjected to cruelty or harassment; and
(c) Such cruelty or harassment must have been shown either
by husband of the woman or by the relative of her husband.
…
9 [Ed.: Para 9 corrected vide Official Corrigendum No.
F.3/Ed.B.J./69/2009 dated 29-6-2009.] The word
“cruelty” having been defined in terms of the aforesaid
Explanation, no other meaning can be attributed thereto.
Living with another woman may be an act of cruelty on the
part of the husband for the purpose of judicial separation or
dissolution of marriage but the same, in our opinion, would
not attract the wrath of Section 498A of the Penal Code. An
offence in terms of the said provision is committed by the
persons specified therein. They have to be the “husband” or
his “relative”. Either the husband of the woman or his relative
must have subjected her to cruelty within the aforementioned
provision. If the appellant had not (sic) been instigating the
husband of the first informant to torture her, as has been
noticed by the High Court, the husband would be committing
some offence punishable under the other provisions of the
Penal Code and the appellant may be held guilty for abetment
45 (2007) 15 SCC 369 (Three-Judge Bench)
46 (2009) 6 SCC 757
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of commission of such an offence but not an offence under
Section 498A of the Penal Code.
10. In the absence of any statutory definition, the term
“relative” must be assigned a meaning as is commonly
understood. Ordinarily it would include father, mother,
husband or wife, son, daughter, brother, sister, nephew or
niece, grandson or granddaughter of an individual or the
spouse of any person. The meaning of the word “relative”
would depend upon the nature of the statute. It principally
includes a person related by blood, marriage or adoption.
…
16. It is not necessary to go into the controversy as to
whether Reema Aggarwal was correctly decided or not as we
are not faced with such a situation here. We would assume
that the term “husband” would bring within its fold a person
who is said to have contracted a marriage with another
woman and subjected her to cruelty.”
(emphasis supplied)
The ingredients culled out in this judgment although literally
apposite, must give way to a purposive interpretation, since the
primary objective in a socially beneficent provision is to realise the
objective thereof and insofar as the ‘relative’ aspect is concerned,
if the interpretation of the amicus is accepted, the same way
“husband” is being interpreted as a live-in partner, the term
relative will be expanded to mean ‘relative of live-in partner’. All
other conditions discussed above would apply as it is.
8. The following table chronologically demonstrates the
understanding of the word ‘cruelty’ in the context of Section 498A;
its objective; the meaning of the word ‘relative’ as it appears
therein; and misuse of the Section as recognised by this Court:
Concept of Cruelty
a. Shobha Rani v. Madhukar Reddi, (1988) 1 SCC 105 (2 Judge Bench)
: This court recognised that by the introduction of 498A, a new
dimension has been given to the concept of cruelty, which includes wilful
conduct and harassment of the woman.
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b. Arvind Singh v. State of Bihar, (2001) 6 SCC 407 (2 Judge Bench) :
“25…The word “cruelty” in common English acceptation denotes a state
of conduct which is painful and distressing to another. The legislative
intent thus is clear enough to indicate that in the event of there being a
state of conduct by the husband to the wife or by any relative of the
husband which can be attributed to be painful or distressing, the same
would be within the meaning of the Section…”
c. Gananath Pattnaik v. State of Orissa, (2002) 2 SCC 619 (2 Judge
Bench) : “7. The concept of cruelty and its effect varies from individual
to individual, also depending upon the social and economic status to
which such person belongs. “Cruelty” for the purposes of constituting
the offence under the aforesaid Section need not be physical. Even
mental torture or abnormal behaviour may amount to cruelty and
harassment in a given case.”
d. Manju Ram Kalita v. State of Assam, (2009) 13 SCC 330 (2 Judge
Bench): “21. “Cruelty” for the purpose of Section 498A IPC is to be
established in the context of Section 498A IPC as it may be different from
other statutory provisions. It is to be determined/inferred by considering
the conduct of the man, weighing the gravity or seriousness of his acts
and to find out as to whether it is likely to drive the woman to commit
suicide, etc. It is to be established that the woman has been subjected
to cruelty continuously/persistently or at least in close proximity of time
of lodging the complaint. Petty quarrels cannot be termed as “cruelty” to
attract the provisions of Section 498A IPC. Causing mental torture to the
extent that it becomes unbearable may be termed as cruelty.”
e. Pinakin Mahipatray Rawal v. State of Gujarat, (2013) 10 SCC 48 (2
Judge Bench) : “23. We are of the view that the mere fact that the
husband has developed some intimacy with another, during the
subsistence of marriage and failed to discharge his marital obligations,
as such would not amount to “cruelty”, but it must be of such a nature
as is likely to drive the spouse to commit suicide to fall within the
Explanation to Section 498A IPC. Harassment, of course, need not be in
the form of physical assault and even mental harassment also would
come within the purview of Section 498A IPC. Mental cruelty, of course,
varies from person to person, depending upon the intensity and the
degree of endurance, some may meet with courage and some others
suffer in silence, to some it may be unbearable and a weak person may
think of ending one’s life…”
f. Jayedeepsinh Pravinsinh Chavda v. State of Gujarat, (2025) 2 SCC
116 (2 Judge Bench) :“15…“cruelty” simpliciter is not enough to
constitute the offence, rather it must be done either with the intention
to cause grave injury or to drive her to commit suicide or with intention
to coercing her or her relatives to meet unlawful demands.”
Object of 498A
a. B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 (2 Judge Bench) :
“14. There is no doubt that the object of introducing Chapter XX-A
containing Section 498A in the Penal Code, 1860 was to prevent torture
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to a woman by her husband or by relatives of her husband. Section 498A
was added with a view to punishing a husband and his relatives who
harass or torture the wife to coerce her or her relatives to satisfy unlawful
demands of dowry. The hypertechnical view would be counterproductive
and would act against interests of women and against the object for
which this provision was added. There is every likelihood that nonexercise
of inherent power to quash the proceedings to meet the ends of
justice would prevent women from settling earlier. That is not the object
of Chapter XX-A of the Penal Code, 1860.”
b. Janshruti v. Union of India, 2025 SCC OnLine SC 909 (2 Judge Bench)
: “5. Section 498A of the Penal Code, 1860 was, in fact, introduced by
the Legislature through the Criminal Law (Second Amendment) Act, 1983
(Act 46 of 1983), with effect from 25.12.1983. The enactment of this
provision was prompted by the widespread and deeply entrenched
exploitation of women through traditional practices such as the dowry
system. The Legislature recognized the pressing need for a specific legal
provision to address the grave suffering inflicted upon married women as
a result of dowry-related offences and cruelty, which had become a
pervasive social menace in Indian society.
6. Be that as it may, the Legislature, in its wisdom, has continued to
retain this provision over the decades, presumably in recognition of the
persistent and deep-rooted nature of the underlying social malaise. While
it is true that instances of misuse have emerged over time— occasionally
with the intent to harass families or extort money, such concerns by
themselves, are rarely sufficient to warrant striking down a statutory
provision or diluting its effect. This Court has consistently held, in a
catena of decisions, that the mere possibility or occasional misuse of a
legal provision does not render it constitutionally infirm, either
procedurally or substantively. Even in the context of Section 498A, this
Court has reiterated that while misuse must be guarded against, the
provision cannot be trivialized or undermined merely because it has, in
some instances, been invoked unscrupulously. However, this Court has
also cautioned that it is not to be treated as a tool to prank assistance or
as a means to ‘cry wolf’.
7. In assessing the constitutionality of such penal provisions, it becomes
imperative to strike a delicate balance. While it is acknowledged that
certain individuals may face hardship due to the misuse of the provision,
it is equally important to look beyond these instances and recognize that
the provision serves a constitutionally sound objective. It is aimed at
protecting a vulnerable Section of society that often requires legal support
and institutional safeguards to shield them from systemic abuse and
exploitation.”
Misuse of 498A
a. Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667 (2 Judge Bench)
:“32. It is a matter of common experience that most of these complaints
under Section 498A IPC are filed in the heat of the moment over trivial
issues without proper deliberations. We come across a large number of
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such complaints which are not even bona fide and are filed with oblique
motive…..
33. The learned members of the Bar have enormous social responsibility
and obligation to ensure that the social fibre of family life is not ruined
or demolished. They must ensure that exaggerated versions of small
incidents should not be reflected in the criminal complaints. Majority of
the complaints are filed either on their advice or with their concurrence.
The learned members of the Bar who belong to a noble profession must
maintain its noble traditions and should treat every complaint under
Section 498A as a basic human problem and must make serious
endeavour to help the parties in arriving at an amicable resolution of that
human problem. They must discharge their duties to the best of their
abilities to ensure that social fibre, peace and tranquillity of the society
remains intact. The members of the Bar should also ensure that one
complaint should not lead to multiple cases.
…….
35. The ultimate object of justice is to find out the truth and punish the
guilty and protect the innocent. To find out the truth is a Herculean task
in majority of these complaints. The tendency of implicating the husband
and all his immediate relations is also not uncommon. At times, even
after the conclusion of the criminal trial, it is difficult to ascertain the real
truth. The courts have to be extremely careful and cautious in dealing
with these complaints and must take pragmatic realities into
consideration while dealing with matrimonial cases. The allegations of
harassment of husband’s close relations who had been living in different
cities and never visited or rarely visited the place where the complainant
resided would have an entirely different complexion. The allegations of
the complainant are required to be scrutinised with great care and
circumspection.”
b. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 (2 Judge Bench)
: “4. There is a phenomenal increase in matrimonial disputes in
recent years. The institution of marriage is greatly revered in this
country. Section 498A IPC was introduced with avowed object to
combat the menace of harassment to a woman at the hands of her
husband and his relatives. The fact that Section 498A IPC is a
cognizable and non-bailable offence has lent it a dubious place of
pride amongst the provisions that are used as weapons rather than
shield by disgruntled wives. The simplest way to harass is to get the
husband and his relatives arrested under this provision. In a quite
number of cases, bedridden grandfathers and grandmothers of the
husbands, their sisters living abroad for decades are arrested. “Crime
in India 2012 Statistics” published by the National Crime Records
Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all
over India during the year 2012 for the offence under Section 498A
IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested
under this provision in 2012 were women i.e. 47,951 which depicts
that mothers and sisters of the husbands were liberally included in
their arrest net. Its share is 6% out of the total persons arrested under
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the crimes committed under the Penal Code. It accounts for 4.5% of
total crimes committed under different Sections of the Penal Code,
more than any other crimes excepting theft and hurt. The rate of
charge-sheeting in cases under Section 498A IPC is as high as 93.6%,
while the conviction rate is only 15%, which is lowest across all heads.
As many as 3,72,706 cases are pending trial of which on current
estimate, nearly 3,17,000 are likely to result in acquittal.”
c. Rinku Baheti v. Sandesh Sharda, (2025) 3 SCC 686 (2 Judge
Bench) : “67. The provisions in the criminal law are for the protection
and empowerment of women but sometimes are used by certain
women more for purposes that they are never meant for. In recent
times, the invocation of Sections 498A, 376, 377, 506 IPC as a
combined package in most of the complaints related to matrimonial
disputes is a practice which has been condemned by this Court on
several occasions. In certain cases, the wife and her family tend to use
a criminal complaint with all the above serious offences as a platform
for negotiation and as a mechanism and a tool to get the husband and
his family to comply with their demands, which are mostly monetary
in nature. Sometimes this is done in a fit of rage after a marital
dispute, while at times it is a planned strategy in other cases.
Unfortunately, it is not just the parties who are involved in this abuse
of the process of law. They are understandably fuelled by the emotions
of the situation. But other stakeholders also worsen the situation as
they may often devise such crafty strategies for the women to adopt
such arm-twisting tactics for their ulterior motives. Further, the police
personnel are sometimes quick to jump into action in selective cases
and arrest the husband or even their relatives including aged and
bedridden parents and grandparents of the husband. The trial courts
are hesitant in granting bail to the accused persons being swayed by
the “gravity of the offences” mentioned in the FIR. The collective effect
of this chain of events is often overlooked by the actual individual
players involved therein, which is that even minor disputes between
husband and wife tend to snowball into ugly prodigious battles of ego
and reputation and washing dirty linen in public, eventually leading
to the relationship turning sour to the extent that there remains no
possibility of a reconciliation or cohabitation. The women need to be
careful about the fact that these strict provisions of law in their hands
are beneficial legislations for their welfare and not means to chastise,
threaten, domineer or extort from their husbands.”
d. Dara Lakshmi Narayana v. State of Telangana, (2025) 3 SCC 735
(2 Judge Bench) : “30. The inclusion of Section 498A IPC by way of
an amendment was intended to curb cruelty inflicted on a woman by
her husband and his family, ensuring swift intervention by the State.
However, in recent years, as there have been a notable rise in
matrimonial disputes across the country, accompanied by growing
discord and tension within the institution of marriage, consequently,
there has been a growing tendency to misuse provisions like Section
498A IPC as a tool for unleashing personal vendetta against the
husband and his family by a wife. Making vague and generalised
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allegations during matrimonial conflicts, if not scrutinised, will lead
to the misuse of legal processes and an encouragement for use of arm
twisting tactics by a wife and/or her family. Sometimes, recourse is
taken to invoke Section 498A IPC against the husband and his family
in order to seek compliance with the unreasonable demands of a wife.
Consequently, this Court has, time and again, cautioned against
prosecuting the husband and his family in the absence of a clear
prima facie case against them.”
e. Achin Gupta v. State of Haryana, (2025) 3 SCC 756 (2 Judge
Bench) : “32. Many times, the parents including the close relatives of
the wife make a mountain out of a molehill. Instead of salvaging the
situation and making all possible endeavours to save the marriage,
their action either due to ignorance or on account of sheer hatred
towards the husband and his family members, brings about complete
destruction of marriage on trivial issues. The first thing that comes in
the mind of the wife, her parents and her relatives is the police, as if
the police is the panacea of all evil. No sooner the matter reaches up
to the police, then even if there are fair chances of reconciliation
between the spouses, they would get destroyed. The foundation of a
sound marriage is tolerance, adjustment and respecting one another.
Tolerance to each other’s fault to a certain bearable extent has to be
inherent in every marriage. Petty quibbles, trifling differences are
mundane matters and should not be exaggerated and blown out of
proportion to destroy what is said to have been made in the heaven.
The Court must appreciate that all quarrels must be weighed from
that point of view in determining what constitutes cruelty in each
particular case, always keeping in view the physical and mental
conditions of the parties, their character and social status. A very
technical and hypersensitive approach would prove to be disastrous
for the very institution of the marriage….”
f. Rajesh Chaddha v. State of U.P., 2025 SCC OnLine SC 1094 (2
Judge Bench) : “13. Notwithstanding the merits of the case, we are
distressed with the manner, the offences under Section 498A IPC,
and Sections 3 & 4 of the D.P. Act, 1961 are being maliciously roped
in by Complainant wives, insofar as aged parents, distant relatives,
married sisters living separately, are arrayed as accused, in
matrimonial matters. This growing tendency to append every relative
of the husband, casts serious doubt on the veracity of the allegations
made by the Complainant wife or her family members, and vitiates
the very objective of a protective legislation…”
Meaning of ‘Relative’
a. U. Suvetha v. State, (2009) 6 SCC 757 (2 Judge Bench) : “10. In the
absence of any statutory definition, the term “relative” must be
assigned a meaning as is commonly understood. Ordinarily it would
include father, mother, husband or wife, son, daughter, brother, sister,
nephew or niece, grandson or granddaughter of an individual or the
spouse of any person. The meaning of the word “relative” would depend
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upon the nature of the statute. It principally includes a person related
by blood, marriage or adoption.
……
18. By no stretch of imagination would a girlfriend or even a
concubine in an etymological sense be a “relative”. The word “relative”
brings within its purview a status. Such a status must be conferred
either by blood or marriage or adoption. If no marriage has taken
place, the question of one being relative of another would not arise.”
b. State of Punjab v. Gurmit Singh, (2014) 9 SCC 632 (2 Judge Bench):
“8…The expression “relative” has not been defined in IPC. The
provision with which we are concerned is a penal provision which
deserves strict construction. It is well settled that when the words of
a statute are not defined, it has to be understood in their natural,
ordinary or popular sense. For this purpose, it shall be permissible to
refer to dictionaries to find out the general sense in which the word is
understood in common parlance. In Ramanatha Aiyar’s Advanced
Law Lexicon (Vol. 4, 3rd Edn.), the word “relative” means any person
related by blood, marriage or adoption. A large number of dictionaries
give this word “relative”, in context, the same meaning.”
(emphasis supplied)
9. Keeping the judicial development of the Section in view, as
captured above, we now deal with the appellant’s contention that
Section 498A being a penal provision has to be interpreted strictly,
confined only to a husband married to a woman in the traditional
sense. This contention is rejected. The purpose of penalising
cruelty by a husband and his relatives was to introduce a factor of
deterrence against the reprehensible behaviour that was exhibited
by such family members toward a married woman, which was not
addressed by the existing laws at the time. The objective, quite
obviously, was reformative, cloaked with punishment. Since the
provision was aimed at solving a societal issue, it is this larger
objective of securing equality for women, stepping away from the
superiority of males that is an inheritance from bygone days, that
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has to inform the understanding in interpretation and
implementation of the Section. Given this purpose,
implementation necessarily has to be not literal/conservative or
technical but instead informed and aware of the objective. So,
while it is true that penal statutes have to receive strict
construction, the light of that principle cannot dim the objective of
one part of the statute. It has also to be understood that forty-three
years ago, when this provision was introduced in 1983, there were
only two laws dealing specifically with domestic cruelty. One being
the general law of the IPC and the other, the Dowry Prohibition Act
1961. Hence, short of introducing entirely new legislation, this one
Section, as an option, it appears, in the hands of the legislative
branch was duly exercised.
The interpretation given to this penal provision must be an
interpretation which keeps in view the reformative objective, or else
its mandate will be defeated.
Having discussed the object, purpose and interpretive tools
regarding Section 498A, we now move to the main question at hand
i.e., “live-in relationship” and the application of the Section thereto.
RELATIONSHIP IN THE NATURE OF MARRIAGE:
UNDERSTANDING THE CONCEPT
10. The general understanding of the term “live-in relationship” is
that two individuals come together and live under the same roof,
enjoying pooled resources and joint expenses, at least, insofar as
general living is concerned, if not more. It may include physical
aspect as well.
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Some dictionaries have attempted to define this arrangement:
The tenth edition of the Concise Oxford English Dictionary terms
‘live-in’ as living with another in a sexual relationship. Similarly,
the word ‘relationship’ is defined as an emotional and sexual
association between two people; the state of being connected.
The Collins47 dictionary defines ‘live-in’ in the context of a partner
as ‘someone who lives in the same house as the person they are
having a sexual relationship with, but is not married to them.’
Similarly, the Cambridge48 dictionary also defines it in the context
of a partner as follows: ‘A live-in sexual partner lives in
someone’s home but is not married to that person’
11. This phrase, it appears, has not received judicial attention.
What has engaged the Court previously is “relationship in the
nature of marriage” as defined in the DV Act. Section 2(f) thereof is
as follows:
“(f) “domestic relationship” means a relationship between two
persons who live or have, at any point of time, lived together in a
shared household, when they are related by consanguinity,
marriage, or through a relationship in the nature of marriage,
adoption or are family members living together as a joint family”
This Court has in the following cases delineated upon this term:
11.1 D. Velusamy v. D. Patchaiammal49,
“19. Having noted the relevant provisions in the
Protection of Women from Domestic Violence Act,
2005, we may point out that the expression “domestic
relationship” includes not only the relationship of
marriage but also a relationship “in the nature of
marriage”. The question, therefore, arises as to what
is the meaning of the expression “a relationship in
the nature of marriage”. Unfortunately, this
expression has not been defined in the Act. Since
there is no direct decision of this Court on the
47 Collins English Dictionary (14th edn, HarperCollins Publishers 2023) sv ‘live-in’.
48 Cambridge Dictionary, sv ‘live-in’ (Cambridge University Press).
49 (2010) 10 SCC 469 (Two-Judge Bench)
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interpretation of this expression we think it
necessary to interpret it because a large number of
cases will be coming up before the courts in our
country on this point, and hence an authoritative
decision is required.
20. In our opinion Parliament by the aforesaid Act
has drawn a distinction between the relationship of
marriage and a relationship in the nature of
marriage, and has provided that in either case the
person who enters into either relationship is entitled
to the benefit of the Act.
…
31. In our opinion a “relationship in the nature of
marriage” is akin to a common law marriage.
Common law marriages require that although not
being formally married:
(a) The couple must hold themselves out to society as
being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a
legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held
themselves out to the world as being akin to
spouses for a significant period of time.
(See “Common Law Marriage” in Wikipedia on
Google.)
In our opinion a “relationship in the nature of
marriage” under the 2005 Act must also fulfil the
above requirements, and in addition the parties must
have lived together in a “shared household” as
defined in Section 2(s) of the Act. Merely spending
weekends together or a one night stand would not
make it a “domestic relationship”.
32. In our opinion not all live-in relationships will
amount to a relationship in the nature of marriage to
get the benefit of the Act of 2005. To get such benefit
the conditions mentioned by us above must be
satisfied, and this has to be proved by evidence. If a
man has a “keep” whom he maintains financially and
uses mainly for sexual purpose and/or as a servant
it would not, in our opinion, be a relationship in the
nature of marriage.”
(emphasis supplied)
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11.2 This Court in Indra Sarma v. V.K.V. Sarma50, was
confronted with a question whether ‘live-in relationship’
would be construed to be a relationship in the nature of
marriage within the meaning of Section 2(f) of DV Act. It was
held:
“53. Live-in relationship, as such, as already
indicated, is a relationship which has not been
socially accepted in India, unlike many other
countries. In Lata Singh v. State of U.P. [(2006) 5 SCC
475 : (2006) 2 SCC (Cri) 478] it was observed that a
live-in relationship between two consenting adults of
heterosexual sex does not amount to any offence even
though it may be perceived as immoral. However, in
order to provide a remedy in civil law for protection of
women, from being victims of such relationship, and
to prevent the occurrence of domestic violence in the
society, first time in India, the DV Act has been
enacted to cover the couple having relationship in the
nature of marriage, persons related by
consanguinity, marriages, etc. We have few other
legislations also where reliefs have been provided to
woman placed in certain vulnerable situations.
…
56. We may, on the basis of above discussion cull out
some guidelines for testing under what
circumstances, a live-in relationship will fall within
the expression “relationship in the nature of
marriage” under Section 2(f) of the DV Act. The
guidelines, of course, are not exhaustive, but will
definitely give some insight to such relationships:
56.1.Duration of period of relationship.—Section
2(f) of the DV Act has used the expression “at any
point of time”, which means a reasonable period of
time to maintain and continue a relationship which
may vary from case to case, depending upon the fact
situation.
56.2.Shared household.—The expression has been
defined under Section 2(s) of the DV Act and, hence,
needs no further elaboration.
50 (2013) 15 SCC 755
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56.3.Pooling of resources and financial
arrangements.—Supporting each other, or any one
of them, financially, sharing bank accounts,
acquiring immovable properties in joint names or in
the name of the woman, long-term investments in
business, shares in separate and joint names, so as
to have a long-standing relationship, may be a
guiding factor.
56.4.Domestic arrangements.—Entrusting the
responsibility, especially on the woman to run the
home, do the household activities like cleaning,
cooking, maintaining or upkeeping the house, etc. is
an indication of a relationship in the nature of
marriage.
56.5.Sexual relationship.—Marriage-like
relationship refers to sexual relationship, not just for
pleasure, but for emotional and intimate
relationship, for procreation of children, so as to give
emotional support, companionship and also material
affection, caring, etc.
56.6.Children.—Having children is a strong
indication of a relationship in the nature of marriage.
The parties, therefore, intend to have a long-standing
relationship. Sharing the responsibility for bringing
up and supporting them is also a strong indication.
56.7.Socialisation in public.—Holding out to the
public and socialising with friends, relations and
others, as if they are husband and wife is a strong
circumstance to hold the relationship is in the nature
of marriage.
56.8.Intention and conduct of the parties.—
Common intention of the parties as to what their
relationship is to be and to involve, and as to their
respective roles and responsibilities, primarily
determines the nature of that relationship.
…
61. We cannot, however, lose sight of the fact that
inequities do exist in such relationships and on
breaking down of such relationship, the woman
invariably is the sufferer. The law of constructive
trust developed as a means of recognising the
contributions, both pecuniary and non-pecuniary,
perhaps comes to their aid in such situations, which
may remain as a recourse for such a woman who find
herself unfairly disadvantaged. Unfortunately, there
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is no express statutory provision to regulate such
types of live-in relationships upon termination or
disruption since those relationships are not in the
nature of marriage. We can also come across
situations where the parties entering into live-in
relationship and due to their joint efforts or otherwise
acquiring properties, rearing children, etc. and
disputes may also arise when one of the parties dies
intestate.
…
68. We are, therefore, of the view that the appellant,
having been fully aware of the fact that the
respondent was a married person, could not have
entered into a live-in relationship in the nature of
marriage. All live-in relationships are not
relationships in the nature of marriage. The
appellant’s and the respondent’s relationship is,
therefore, not a “relationship in the nature of
marriage” because it has no inherent or essential
characteristic of a marriage, but a relationship other
than “in the nature of marriage” and the appellant’s
status is lower than the status of a wife and that
relationship would not fall within the definition of
“domestic relationship” under Section 2(f) of the DV
Act. If we hold that the relationship between the
appellant and the respondent is a relationship in the
nature of a marriage, we will be doing an injustice to
the legally wedded wife and children who opposed
that relationship. Consequently, any act, omission or
commission or conduct of the respondent in
connection with that type of relationship, would not
amount to “domestic violence” under Section 3 of the
DV Act.”
(emphasis supplied)
12. The DV Act, which provides civil remedies and reliefs for
domestic violence as defined in detail thereunder, applies to this
kind of relationship. Although in colloquial terms, the two phrases
may be used interchangeably, the law perceives a difference
between them. As per the principles enunciated in the decisions
referred to above, “live-in relationship” is a wider category and
“relationship in the nature of marriage” is a subset thereunder,
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which though may have eight indicators, illustrative but not
exhaustive.
For the purposes of the present judgment, it is clarified that
when we use the term “live-in relationship”, we use it in the context
of a “relationship in the nature of marriage”.
WHETHER PROTECTION UNDER THE DV ACT SUFFICES?
13. At this stage, we must appreciate one of the contentions of
the Union of India, which is to the effect that “relationship in the
nature of marriage” is covered by the DV Act, and as such there is
no need to expand the meaning of the words contained under
Section 498A. In order to do so, let us explore the scope of the DV
Act.
13.1 Domestic violence is unfortunately not a situation so
rare that an image does not form in one’s mind as soon as
those words are used. It is, in fact, still, even after so many
years, a matter of general occurrence. It is recognised as a
problem on a global scale and has even been termed a
human rights issue by the Vienna Accord of 1994 and the
Beijing Declaration and the Platform for Action (1995).
General Recommendation No. 19: Violence against women51
under the Convention on the Elimination of All Forms of
Discrimination Against Women 1991 discusses traditional
attitudes that fuel family violence and family violence itself
as follows:
51https://www.refworld.org/legal/resolution/cedaw/1992/96542?__cf_chl_f_tk=eI9s2xM5RyNZvqsYgfezY9SJi
EPneU.vrk8RE7tgHkA-1782900608-1.0.1.1-q8D6ENhKKcU9UVEdSGxVbGwiO7h7ZAJHZhWFeU99u_0
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“11. Traditional attitudes by which women are regarded
as subordinate to men or as having stereotyped roles
perpetuate widespread practices involving violence or
coercion, such as family violence and abuse, forced
marriage, dowry deaths, acid attacks and female
circumcision. Such prejudices and practices may justify
gender- based violence as a form of protection or control
of women. The effect of such violence on the physical
and mental integrity of women is to deprive them the
equal enjoyment, exercise and knowledge of human
rights and fundamental freedoms…
23. Family violence is one of the most insidious forms of
violence against women. It is prevalent in all societies.
Within family relationships women of all ages are
subjected to violence of all kinds, including battering,
rape, other forms of sexual assault, mental and other
forms of violence, which are perpetuated by traditional
attitudes. Lack of economic independence forces many
women to stay in violent relationships. The abrogation
of their family responsibilities by men can be a form of
violence, and coercion. These forms of violence put
women’s health at risk and impair their ability to
participate in family life and public life on a basis of
equality.”
At home, the position till date, is not better or different. The
prevalence of this regrettable practice causes violence to the
provisions of the Constitution under Articles 14, 15 and 21.
The lawmakers recognised the scale of the problem and
observed that there was no remedy within civil law to
address the same, perhaps to whatever measure, have a new
legislation in place.
The objective of the DV Act was reiterated recently in an
order passed by a Bench presided over by Nagarathna, J. in
a writ petition titled We the women of India v. Union of
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India & Ors.52. It is an Act to provide for more effective
protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind
occurring within the family and for matters connected
therewith or incidental thereto.
13.2 Section 3 provides a comprehensive definition of the
term ‘domestic violence’ to include physical, sexual, verbal
and emotional or economic abuse. It reads as under:
“3. Definition of domestic violence.—For the purposes of
this Act, any act, omission or commission or conduct of the
respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb
or well-being, whether mental or physical, of the aggrieved
person or tends to do so and includes causing physical
abuse, sexual abuse, verbal and emotional abuse and
economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved
person with a view to coerce her or any other person related
to her to meet any unlawful demand for any dowry or other
property or valuable security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a)
or clause (b); or
(d) otherwise injures or causes harm, whether physical or
mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i)“physical abuse” means any act or conduct which is of such
a nature as to cause bodily pain, harm, or danger to life, limb,
or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and
criminal force;
(ii)“sexual abuse” includes any conduct of a sexual nature
that abuses, humiliates, degrades or otherwise violates the
dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or
ridicule specially with regard to not having a child or a male
child; and
(b) repeated threats to cause physical pain to any person in
whom the aggrieved person is interested;
(iv) “economic abuse” includes—
52 Writ Petition(C) No(s).1156 of 2021
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(a)deprivation of all or any economic or financial resources to
which the aggrieved person is entitled under any law or
custom whether payable under an order of a court or
otherwise or which the aggrieved person requires out of
necessity including, but not limited to, house hold necessities
for the aggrieved person and her children, if any, stridhan,
property, jointly or separately owned by the aggrieved person,
payment of rental related to the shared house hold and
maintenance;
(b) disposal of household effects, any alienation of assets
whether movable or immovable, valuables, shares, securities,
bonds and the like or other property in which the aggrieved
person has an interest or is entitled to use by virtue of the
domestic relationship or which may be reasonably required
by the aggrieved person or her children or her stridhan or any
other property jointly or separately held by the aggrieved
person; and
(c) prohibition or restriction to continued access to resources
or facilities which the aggrieved person is entitled to use or
enjoy by virtue of the domestic relationship including access
to the shared household.
Explanation II.—For the purpose of determining whether any
act, omission, commission or conduct of the respondent
constitutes “domestic violence” under this section, the overall
facts and circumstances of the case shall be taken into
consideration.”
(emphasis supplied)
It would include any act, omission, commission or conduct
by the ‘respondent’ which was originally restricted to adult
males but has, by virtue of Hiral P. Harsora vs. Kusum
Narottamdas Harsora53 , been expanded to include any
person.
13.3 Dr. A.K. Sikri J., while answering the question whether
an amendment can be allowed to a petition filed under the
DV Act in Kunapareddy vs. Kunapareddy Swarna
Kumari54, categorically observed that this legislation is civil
in nature. The relevant extract is as follows:
53 (2016) 10 SCC 165
54 (2016) 11 SCC 774
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“12. In fact, the very purpose of enacting the DV Act was to
provide for a remedy which is an amalgamation of civil rights
of the complainant i.e. aggrieved person. Intention was to
protect women against violence of any kind, especially that
occurring within the family as the civil law does not address
this phenomenon in its entirety. It is treated as an offence
under Section 498A of the Penal Code, 1860. The purpose of
enacting the law was to provide a remedy in the civil law for
the protection of women from being victims of domestic
violence and to prevent the occurrence of domestic violence
in the society. It is for this reason, that the scheme of the Act
provides that in the first instance, the order that would be
passed by the Magistrate, on a complaint by the aggrieved
person, would be of a civil nature and if the said order is
violated, it assumes the character of criminality. …
… … …
14. In the aforesaid scenario, merely because Section 28
of the DV Act provides for that the proceedings under some
of the provisions including Sections 18 and 20 are
essentially of civil nature. We may take some aid and
assistance from the nature of the proceedings filed under
Section 125 of the Code. Under the said provision as well,
a woman and children can claim maintenance. At the
same time these proceedings are treated essentially as of
civil nature.”
(emphasis supplied)
13.4 This proposition of the DV Act being a piece of civil
legislation was reiterated in Prabha Tyagi vs. Kamlesh
Devi55
“50. In our view, the DV Act is a piece of civil code which is
applicable to every woman in India irrespective of her
religious affiliation and/or social background for a more
effective protection of her rights guaranteed under the
Constitution and in order to protect women victims of
domestic violence occurring in a domestic relationship.
Therefore, the expression “joint family” cannot mean as
understood in Hindu Law. Thus, the expression “family
members living together as a joint family”, means the
members living jointly as a family. In such an interpretation,
even a girl child/children who is/are cared for as foster
55 (2022) 8 SCC 90
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children also have a right to live in a shared household and
are conferred with the right under sub-section (1) of Section
17 of the DV Act. When such a girl child or woman becomes
an aggrieved person, the protection of sub-section (2) of
Section 17 comes into play.”
(emphasis supplied)
13.5 Chapter IV of the Act, titled “Procedure for obtaining
Orders of Reliefs” details the procedure and other relevant
aspects once a woman makes an application to the authority
under this Act. Section 12 discusses the application to be
made to the Magistrate concerned. Sections 17 to 22 provide
for different kinds of orders that can be passed by the said
Magistrate. Section 17 provides for the right of every woman
in a domestic relationship to reside in the shared household
and not be rendered homeless on account of violence. This
right is irrespective of whether she has any ownership in the
house. Section 20 provides for monetary relief to the
aggrieved person on account of loss suffered due to domestic
violence, which may include loss of earnings, medical
expenses, maintenance for herself and children. Section 21
deals with custody orders and Section 22 with compensation
orders. Section 23 talks about interim and ex parte orders
and Section 25 provides for the duration and alteration. It
must also be noted that Section 28 clearly directs that the
provisions of the Code of Criminal Procedure, 1973 (Cr.PC)
shall apply to all proceedings under the Act, unless
otherwise provided. The aspect of penalties is discussed in
Section 31, which is housed in Chapter V. A breach of a
protection order, or of an interim protection order, by the
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respondent, if violated, can lead to imprisonment for the
violator to the extent of one year and a fine of Rs. 20,000/-
or both. Such a violation is cognizable and non-bailable. A
violation thereof can be established on the sole testimony of
the aggrieved person. The said Section 31 reads as under:
“Penalty for breach of protection order by
respondent
(1) A breach of protection order, or of an interim
protection order, by the respondent shall be an
offence under this Act and shall be punishable with
imprisonment of either description for a term which
may extend to one year, or with fine which may extend
to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as
practicable be tried by the Magistrate who has passed
the order, the breach of which has been alleged to
have been caused by the accused.
(3) While framing charges under sub-section (1), the
Magistrate may also frame charges under section
498A of the Indian Penal Code (45 of 1860) or any
other provision of that Code or the Dowry Prohibition
Act, 1961 (28 of 1961), as the case may be, if the facts
disclose the commission of an offence under those
provisions.”
14. The conclusion of the above discussion is that although the
DV Act provides for a widely worded ambit of domestic violence
which includes various forms within it, the overall nature of the
legislation is to provide for a remedy under the civil law, save and
except Section 31 which provides for penalty and imprisonment in
the event that a protection order is violated. No other aspect thereof
involves any penal punishment. As such, to say that the DV Act
provides for adequate protection to women in ‘relationships in the
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nature of marriage’ would be a misstatement of law. It need not be
said that the import of civil and criminal law is different and the
impact on the individual is also different. One has almost
singularly civil and monetary consequences, whereas the other is
backed by the force of criminal deterrence. Consequently, this
submission must be rejected.
PROTECTION OF LAW DEPENDS ON A CHOICE?
15. On the face of it, this case presents a question of statutory
interpretation as already framed above but, in our view, it also
posits a constitutional question under Articles 14, 15 and 21 of the
Constitution. The effect of the law as it stands, particularly the
criminal law, is best explained by an illustration-
‘A’ is a woman in love with a man called ‘B’. They have hitherto
lived in their respective parental homes and, after obtaining
the blessings of their parents, marry and embark on a new life
together. It so happens that the family of ‘B’ dislikes ‘A’ and
accordingly adopts a hostile attitude towards her, which
includes daily taunts, deprivation of needs or sometimes even
physical altercations. Finally, seeing no choice, she
approaches the authorities and an FIR is registered against the
family members of ‘B’, one of the sections invoked is 498A.
They can be tried and convicted. This would be in the literal
reading of Section 498A.
Now let us change the situation.
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Everything else, regarding the relationship of A and B,
them living together under the same roof, mistreatment of A by
the family of B, remains the same, except for the fact that ‘A’
and ‘B’ decide to start living together before they are married
and the family of ‘B’ then proceeds to misbehave as already
illustrated above.
The question is what is the remedy in criminal law that
specifically relates to the household in which they reside
(which in the context of the DV Act is somewhat akin to ‘shared
household’), that ‘A’ can utilise in the second scenario. Before
we answer, let us consider a third scenario, where ‘B’ himself
may be physically or mentally cruel towards ‘A’. Remedy?
In all cases, A and B chose each other and decided to live
life together. The only difference is that in the first case they
are married and in the other two they are not. Why should
there be any difference in the protection that is given to a
woman if she faces cruelty at the hands of the
husband/partner or his family members? The law fairly well
recognises the right and freedom of an individual to choose the
person they want to be with as an inextricable part of dignity
and personal liberty. The following are some cases where this
right has been discussed in eloquent prose:
15.1 K.S. Puttaswamy v. Union of India56
“118. Life is precious in itself. But life is worth living because
of the freedoms which enable each individual to live life as it
should be lived. The best decisions on how life should be lived
are entrusted to the individual. They are continuously
56 (2017) 10 SCC 1
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shaped by the social milieu in which individuals exist. The
duty of the State is to safeguard the ability to take decisions
— the autonomy of the individual — and not to dictate those
decisions. “Life” within the meaning of Article 21 is not
confined to the integrity of the physical body. The right
comprehends one’s being in its fullest sense. That which
facilitates the fulfilment of life is as much within the
protection of the guarantee of life.
119. To live is to live with dignity. The draftsmen of the
Constitution defined their vision of the society in which
constitutional values would be attained by emphasising,
among other freedoms, liberty and dignity. So fundamental
is dignity that it permeates the core of the rights guaranteed
to the individual by Part III. Dignity is the core which unites
the fundamental rights because the fundamental rights seek
to achieve for each individual the dignity of existence. Privacy
with its attendant values assures dignity to the individual
and it is only when life can be enjoyed with dignity can liberty
be of true substance. Privacy ensures the fulfilment of dignity
and is a core value which the protection of life and liberty is
intended to achieve.
…
323. Privacy includes at its core the preservation of personal
intimacies, the sanctity of family life, marriage, procreation,
the home and sexual orientation. Privacy also connotes a
right to be left alone. Privacy safeguards individual autonomy
and recognises the ability of the individual to control vital
aspects of his or her life. Personal choices governing a way of
life are intrinsic to privacy. Privacy protects heterogeneity and
recognises the plurality and diversity of our culture. While
the legitimate expectation of privacy may vary from the
intimate zone to the private zone and from the private to the
public arenas, it is important to underscore that privacy is
not lost or surrendered merely because the individual is in a
public place. Privacy attaches to the person since it is an
essential facet of the dignity of the human being.”
(emphasis supplied)
15.2 Shafin Jahan v. Asokan K.M.57 :
“52. It is obligatory to state here that expression of choice in
accord with law is acceptance of individual identity.
Curtailment of that expression and the ultimate action
emanating therefrom on the conceptual structuralism of
57 (2018) 16 SCC 368
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obeisance to the societal will destroy the individualistic entity
of a person. The social values and morals have their space
but they are not above the constitutionally guaranteed
freedom. The said freedom is both a constitutional and a
human right. Deprivation of that freedom which is ingrained
in choice on the plea of faith is impermissible. … It has to be
remembered that the realisation of a right is more important
than the conferment of the right. …
53. Non-acceptance of her choice would simply mean
creating discomfort to the constitutional right by a
constitutional court which is meant to be the protector of
fundamental rights. Such a situation cannot remotely be
conceived. The duty of the court is to uphold the right and
not to abridge the sphere of the right unless there is a valid
authority of law. Sans lawful sanction, the centripodal value
of liberty should allow an individual to write his/her script.
The individual signature is the insignia of the concept.”
(emphasis supplied)
16. It is clear from the aforesaid pronouncements that the right
to choose one’s partner is an intrinsic part of individual autonomy.
The nine-judge Bench in Puttaswamy supra had, in para 250,
discussed nine kinds of privacy. Choosing to live in a ‘relationship
in the nature of marriage’, in our view, attracts at least two kinds of
privacy, – (i) spatial privacy; and (ii) associational privacy which are
described respectively as follows:
“spatial privacy which is reflected in the privacy of a private
space through which access of others can be restricted to the
space; intimate relations and family life are an apt illustration
of spatial privacy;
associational privacy which is reflected in the ability of the
individual to choose who she wishes to interact with”
(emphasis supplied)
17. On the one hand, the law provides the freedom to an
individual to choose but however, it discriminates based on the
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form the relationship it takes by protecting ‘A’ in the first scenario
and not protecting her in the second or third scenario. The question
that must be asked is, does this differentiation stand on firm
ground in law, as it is applied to the present day? Let us examine
this. What is essentially done here is to “create a class within a
class”. To illustrate, there can be the following classes: ‘single
woman’, ‘woman in relationship’, ‘divorced’, ‘widowed’, ‘woman in
relationship in the nature of marriage’, ‘married woman’, etc. All of
these categories, which we may add, are only for the purpose of
convenience and explanation, do have some or the other clear
distinctive factors. The only category which, in our view, is
strikingly similar, for the purpose of extending the benefit of 498A
IPC, to another category are the last two. The distinction between
those two is only that the couple followed some or the other
ritual/ceremony to embark on married life or went before a court
to that end. There is little difference otherwise. So, when a class is
made, it is expected that there would be intelligible differentia
informing the creation of these classes. What intelligible differentia
is, is no longer res integra. And while acknowledging that reference
to precedent on this point amounts to a “parade of the familiar”,
we still may, for the sake of completeness, do so.
Chandrasekhara Aiyar J. in his concurring opinion in a sevenjudge
Bench in State of W.B. v. Anwar Ali Sarkar58 :
“30. The law on the subject has been well stated in a
passage from Willis on Constitutional Law (1936 Edn. at p.
579) and an extract from the pronouncement of this Court
in what is known as the Prohibition case, State of
58 (1952) 1 SCC 1
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Bombay v. F.N. Balsara [State of Bombay v. F.N. Balsara,
1951 SCR 682 : 1951 SCC 860] , where my learned Brother
Saiyid Fazl Ali, J. has distilled in the form of seven
principles most of the useful observations of this Court
in Sholapur Mills case (Charanjit Lal Chowdhury v. Union
of India [Charanjit Lal Chowdhury v. Union of India, 1950
SCR 869 : 1950 SCC 833] ). Willis says:
“The guaranty of the equal protection of the laws
means the protection of equal laws. It forbids
class legislation, but does not forbid
classification which rests upon reasonable
grounds of distinction. It does not prohibit
legislation, which is limited either in the objects
to which it is directed or by the territory within
which it is to operate. ‘It merely requires that all
persons subject to such legislation shall be
treated alike under like circumstances and
conditions both in the privileges conferred and in
the liabilities imposed.’ ‘The inhibition of the
amendment was designed to prevent any person
or class of persons from being singled out as a
special subject for discriminating and hostile
legislation.’ It does not take from the States the
power to classify either in the adoption of police
laws, or tax laws, or eminent domain laws, but
permits to them the exercise of a wide scope of
discretion, and nullifies what they do only when
it is without any reasonable basis. Mathematical
nicety and perfect equality are not required.
Similarity, not identity of treatment, is enough.
If any state of facts can reasonably be conceived
to sustain a classification, the existence of that
state of facts must be assumed. One who assails
a classification must carry the burden of
showing that it does not rest upon any
reasonable basis.”
Y.V. Chandrachud J., (as he then was) in State of J&K v.
Triloki Nath Khosa 59 , speaking for a Constitution Bench,
observed that ‘Discrimination is the essence of classification and
59 (1974) 1 SCC 19
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does violence to the constitutional guarantee of equality only if it
rests on an unreasonable basis.’
Indu Malhotra J. in (Constitution Bench) Joseph Shine v.
Union of India60 , while dealing with the constitutionality of
Section 497 IPC, made the following observations:
272. The constitutional validity of Section 497 has to be
tested on the anvil of Article 14 of the Constitution. Any
legislation which treats similarly situated persons unequally,
or discriminates between persons on the basis of sex alone,
is liable to be struck down as being violative of Articles 14
and 15 of the Constitution, which form the pillars against the
vice of arbitrariness and discrimination. Article 14 forbids
class legislation; however, it does not forbid reasonable
classification. A reasonable classification is permissible if two
conditions are satisfied:
(i) The classification is made on the basis of an “intelligible
differentia” which distinguishes persons or things that are
grouped together, and separates them from the rest of the
group; and
(ii) The said intelligible differentia must have a rational nexus
with the object sought to be achieved by the legal provision.
…
273.4. Section 497 fails to consider both men and women as
equally autonomous individuals in society. In Anuj
Garg v. Hotel Assn. of India [Anuj Garg v. Hotel Assn. of
India, (2008) 3 SCC 1] , this Court held that : (SCC pp. 11-
12 & 13, paras 20 & 26)
“20. At the very outset we want to define the
contours of the discussion which is going to
ensue. Firstly, the issue floated by the State is
very significant, nonetheless it does not fall in the
same class as that of rights which it comes in
conflict with, ontologically. Secondly, the issue at
hand has no social spillovers. The rights of women
as individuals rest beyond doubts in this age. If we
consider (various strands of) feminist
jurisprudence as also identity politics, it is clear
that time has come that we take leave of the theme
60 (2019) 3 SCC 39
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encapsulated under Section 30. And thirdly we
will also focus our attention on the interplay of
doctrines of self-determination and an
individual’s best interests.
***
26. When a discrimination is sought to be made on
the purported ground of classification, such
classification must be founded on a rational
criteria. The criteria which in absence of any
constitutional provision and, it will bear repetition
to state, having regard to the societal conditions as
they prevailed in early 20th century, may not be a
rational criteria in the 21st century. In the early
20th century, the hospitality sector was not open
to women in general. In the last 60 years, women
in India have gained entry in all spheres of public
life. They have also been representing people at
grassroot democracy. They are now employed as
drivers of heavy transport vehicles, conductors of
service carriages, pilots, et. al.”
(emphasis supplied)
When the objective of the Section 498A was to provide coverage to
those cases where harassment by husband or in-laws through
wilful conduct causing mental or physical injury or driving the
woman to suicide, then to say that such harassment can only be
caused when they are married and not before that, in our
considered view, would be a case of over simplification. Whether or
not the woman in question is married or not, in the present day,
does not have a proximate link to the objective of the Section, which
is to prevent cruelty in such household setting. It may have been
the case four decades ago and as such the law was then, truly well
intentioned, but law, by its very nature, is organic and responds to
change in society in some cases and leads to change in society in
other cases. The present case is of the former kind, where it is
responding to the change. “Live-in relationships” are today, more or
less, a reality — primarily in urban areas (be it for whatever reason),
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where an increasingly large section of the population resides, and
the law must adapt itself to serve those who choose this form.
18. Not a single person goes into a relationship knowing or
anticipating that cruelty may be meted out to them. When a couple
sets out on their journey, it is always, one presumes, with the best
of intentions and to bring joyfulness of all forms. With the passage
of time, however, some relationships may go down this troublesome
path. The law must provide for the same. This distinction between
“married” and “live-in relationship in the nature of marriage”, in as
much as it relates to the protection envisaged by Section 498A, has
no rational nexus with the object of preventing domestic violence
and is as such offensive to Article 14 of the Constitution of India.
HARMONISING WORDS AND INTENT
19. Once it is established that the distinction between relationship
in the nature of marriage and marriage, in so far as protection
against cruelty is concerned, does not satisfy Article 14, the next
aspect is to harmonise the words of the section and its beneficial
intent. We have already discussed earlier the approaches of literal
interpretation and purposive interpretation. Although the conflict
between these two approaches has been recognised as perennial,
there is now a shift towards the latter. As put by Lord Millett ‘we
are all purposive constructionists now’61. For beneficial legislations
intended to remedy a social evil, the Court’s duty is to discern the
intention of the legislature and advance the mischief rule to ensure
the statute is not reduced to futility.
61 Construing Statutes, (1999)2 Statute Law Review 107
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Now, applying the four factors of the purposive construction
rule laid down by Heydon’s case, (i) the law as it stood prior to the
insertion of Section 498A IPC62 did not envisage any protections for
women in a domestic setup under criminal law. The only legislation
that was present at the time (1961) was the DPA, which had limited
application. Only when there was a demand or supply of dowry
could the provision thereof be taken recourse to. This section, since
it provided for protection against cruelty generally, had a much
wider scope; (ii) Prior to insertion of this section, there was no
comprehensive avenue in the law to seek redress either on the
criminal side or civil side for cruelty in a domestic setup. With
specific reference to dowry too, the unfortunate situation of a dowry
death was also addressed subsequently by the insertion of Section
304 B in 1986; (iii) The remedy was Section 498A, explaining what
constitutes cruelty and applying it specifically to married woman,
her husband and his relatives; (iv) The true reason for the remedy
was to give shelter of the law to those unwelcome situations that
did not fall within the smaller scope of the dowry law recognising
that domestic cruelty takes various forms that may not be directly
linked to dowry. The intent is, therefore, to stop the cruelty and
advance the remedy.
As already observed, the law is a living organism, and its life
comes more so from experience, and not merely logic. Any
experience that is undergone by humans particularly has its own
way of changing them. The law that we use today is undoubtedly a
human endeavour, and so experiences change it too. In the earlier
62 26th December, 1983
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days, marriage was perceived as the only method by which two
individuals could live together for a life time, and doing so without
that was considered taboo. Marriage was considered to be
sacrosanct; which undoubtedly is a changing phenomenon. Living
together, prior to marriage, is not unheard of or unacceptable
anymore. In the same way, that same sex relations, once
criminalised and deemed to be a mental illness, have now been
decriminalised and recognised as naturally occurring. This is the
evolution of societal standards. In the words of Oliver Wendell
Holmes J., this is the law ‘adopting new principles from life at one
end’ and ‘sloughing off’ old ones at the other end.63
In this context, the words of H.R. Khanna J. in his
concurring opinion in a seven-judge Bench in Maganlal
Chhaganlal (P) Ltd. v. Municipal Corpn. of Greater Bombay64,
are befitting:
“22…. As in life so in law things are not static. Fresh
vistas and horizons may reveal themselves as a result of
the impact of new ideas and developments in different
fields of life. Law, if it has to satisfy human needs and to
meet the problems of life, must adapt itself to cope with
new situations. Nobody is so gifted with foresight that he
can divine all possible human events in advance and
prescribe proper rules for each of them. There are,
however, certain verities which are of the essence of the
rule of law and no law can afford to do away with them.
At the same time it has to be recognized that there is a
continuing process of the growth of law and one can
retard it only at the risk of alienating law from life itself.
There should not be much hesitation to abandon an
untenable position when the rule to be discarded was in
its origin the product of institutions or conditions which
have gained a new significance or development with the
progress of years. It sometimes happens that the rule of
63 As quoted by RS Pathak CJ in Union of India v. Raghubir Singh 1989 2 SCC 754
64 (1974) 2 SCC 402
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law which grew up in remote generations may in the
fullness of experience be found to serve another
generation badly. The Court cannot allow itself to be tied
down by and become captive of a view which in the light
of the subsequent experience has been found to be
patently erroneous, manifestly unreasonable or to cause
hardship or to result in plain iniquity or public
inconvenience. The Court has to keep the balance
between the need of certainty and continuity and the
desirability of growth and development of law. It can
neither by judicial pronouncements allow law to petrify
into fossilised rigidity nor can it allow revolutionary
iconoclasm to sweep away established principles. On the
one hand the need is to ensure that judicial inventiveness
shall not be desiccated or stunted, on the other it is
essential to curb the temptation to lay down new and
novel principles in substitution of well established
principles in the ordinary run of cases and the readiness
to canonise the new principles too quickly before their
saintliness has been affirmed by the passage of time…”
(emphasis supplied)
RS Pathak CJ in Union of India v. Raghubir Singh65, in a
Constitution Bench made pertinent observations regarding law and
social change. They are extracted as below for reference:
“11. Legal compulsions cannot be limited by existing legal
propositions, because there will always be, beyond the
frontiers of the existing law, new areas inviting judicial
scrutiny and judicial choice-making which could well
affect the validity of existing legal dogma. The search for
solutions responsive to a changed social era involves a
search not only among competing propositions of law, or
competing versions of a legal proposition, or the modalities
of an indeterminacy such as “fairness” or
“reasonableness”, but also among propositions from
outside the ruling law, corresponding to the empirical
knowledge or accepted values of present time and place,
relevant to the dispensing of justice within the new
parameters.
65 (1989) 2 SCC 754
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12. The universe of problems presented for judicial choicemaking
at the growing points of the law is an expanding
universe. The areas brought under control by the
accumulation of past judicial choice may be large. Yet the
areas newly presented for still further choice, because of
changing social, economic and technological conditions
are far from inconsiderable. It has also to be remembered,
that many occasions for new options arise by the mere fact
that no generation looks out on the world from quite the
same vantage-point as its predecessor, nor for that matter
with the same perception. A different vantage-point or a
different quality of perception often reveals the need for
choice-making where formerly no alternatives, and no
problems at all, were perceived. The extensiveness of the
areas for judicial choice at a particular time is a function
not only of the accumulation of past decisions, not only of
changes in the environment, but also of new insights and
perspectives both on old problems and on the new
problems thrown up by changes entering the cultural and
social heritage.
13. Not infrequently, in the nature of things there is a
gravity-heavy inclination to follow the groove set by
precedential law. Yet a sensitive judicial conscience often
persuades the mind to search for a different set of norms
more responsive to the changed social context. The
dilemma before the Judge poses the task of finding a new
equilibrium prompted not seldom by the desire to reconcile
opposing mobilities. The competing goals, according to
Dean Roscoe Pound, invest the Judge with the
responsibility “of proving to mankind that the law was
something fixed and settled, whose authority was beyond
question, while at the same time enabling it to make
constant readjustments and occasional radical changes
under the pressure of infinite and variable human
desires”. [ Roscoe Pound : An Introduction to the Philosophy
of Law, p. 19] The reconciliation suggested by Lord Reid
in The Judge as Law Maker [ Pp. 25-6] lies in keeping both
objectives in view, “that the law shall be certain, and that
it shall be just and shall move with the times”.
(emphasis supplied)
In Badshah supra, in the context of interpersonal relationships,
the following observations were made, which were subsequently
approved by a Bench of seven judges in Abhiram Singh supra:
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“16. The law regulates relationships between people. It
prescribes patterns of behaviour. It reflects the values of
society. The role of the court is to understand the purpose
of law in society and to help the law achieve its purpose.
But the law of a society is a living organism. It is based on
a given factual and social reality that is constantly
changing. Sometimes change in law precedes societal
change and is even intended to stimulate it. In most cases,
however, a change in law is the result of a change in social
reality. Indeed, when social reality changes, the law must
change too. Just as change in social reality is the law of
life, responsiveness to change in social reality is the life of
the law. It can be said that the history of law is the history
of adapting the law to society’s changing needs. In both
constitutional and statutory interpretation, the court is
supposed to exercise discretion in determining the proper
relationship between the subjective and objective purposes
of the law.”
(emphasis supplied)
In the very same seven-judge Bench judgment, reference was made
to some noted scholars on the fluid and not static nature of the
law. That paragraph is reproduced below:
“Social context adjudication
44. Another facet of purposive interpretation of a statute is
that of social context adjudication. This has been the
subject-matter of consideration and encouragement by the
Constitution Bench of this Court in Union of
India v. Raghubir Singh [Union of India v. Raghubir Singh,
(1989) 2 SCC 754]………
(emphasis supplied)
A little later in the decision it was said : (SCC pp. 767-68,
para 13)
“13. Not infrequently, in the nature of things
there is a gravity-heavy inclination to follow
the groove set by precedential law. Yet a
sensitive judicial conscience often persuades
the mind to search for a different set of norms
more responsive to the changed social
context. The dilemma before the Judge poses
the task of finding a new equilibrium
prompted not seldom by the desire to
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reconcile opposing mobilities. The competing
goals, according to Dean Roscoe Pound,
invest the Judge with the responsibility ‘of
proving to mankind that the law was
something fixed and settled, whose authority
was beyond question, while at the same time
enabling it to make constant readjustments
and occasional radical changes under the
pressure of infinite and variable human
desires’. [ Roscoe Pound, An Introduction to
the Philosophy of Law, p. 19] The
reconciliation suggested by Lord Reid in The
Judge as Law Maker [1972 The Journal of
Public Teachers of Law 22 at pp. 25-26] lies
in keeping both objectives in view, ‘that the
law shall be certain, and that it shall be just
and shall move with the times’.”
(emphasis supplied)
In the landmark judgment Navtej Singh Johar v. Union of
India 66 this Court pointed out our Constitution’s mandate of
acknowledging the change to be inevitable. Regarding the role of
the judiciary in such cases, it was observed as follows:
“97. Our Constitution fosters and strengthens the spirit of
equality and envisions a society where every person enjoys
equal rights which enable him/her to grow and realise
his/her potential as an individual. This guarantee of
recognition of individuality runs through the entire length
and breadth of this dynamic instrument. The Constitution
has been conceived of and designed in a manner which
acknowledges the fact that “change is inevitable”. It is the
duty of the courts to realise the constitutional vision of
equal rights in consonance with the current demands and
situations and not to read and interpret the same as per
the standards of equality that existed decades ago. The
judiciary cannot remain oblivious to the fact that the
society is constantly evolving and many a variation may
emerge with the changing times. There is a constant need
to transform the constitutional idealism into reality by
fostering respect for human rights, promoting inclusion of
pluralism, bringing harmony, that is, unity amongst
diversity, abandoning the idea of alienation or some
unacceptable social notions built on medieval egos and
66 2018 10 SCC 1
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establishing the cult of egalitarian liberalism founded on
reasonable principles that can withstand scrutiny.
…
100. The Court, as the final arbiter of the Constitution, has
to keep in view the necessities of the needy and the weaker
sections. The role of the Court assumes further importance
when the class or community whose rights are in question
are those who have been the object of humiliation,
discrimination, separation and violence by not only the
State and the society at large but also at the hands of their
very own family members. The development of law cannot
be a mute spectator to the struggle for the realisation and
attainment of the rights of such members of the society.”
This societal change has been recognised by this Court on a few
occasions. For instance:
a) S. Khushboo v. Kanniammal67 :
31. While it is true that the mainstream view in our society
is that sexual contact should take place only between marital
partners, there is no statutory offence that takes place when
adults willingly engage in sexual relations outside the marital
setting, with the exception of “adultery” as defined under
Section 497 IPC. At this juncture, we may refer to the
decision given by this Court in Lata Singh v. State of
U.P. [(2006) 5 SCC 475 : (2006) 2 SCC (Cri) 478 : AIR 2006
SC 2522], wherein it was observed that a live-in relationship
between two consenting adults of heterogenic sex does not
amount to any offence (with the obvious exception of
“adultery”), even though it may be perceived as immoral. A
major girl is free to marry anyone she likes or “live with
anyone she likes”. ..”.
Followed by a recent three-judge Bench in X2 v. State (NCT of
Delhi)68, wherein it was observed that the law must remain alive to
the changes in family structure brought in by the evolution of
standards of society.
67 (2010) 5 SCC 600 (Three Judge Bench)
68 (2023) 9 SCC 433
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b) D. Velusamy v. D. Patchaiammal69 :
21. It seems to us that in the aforesaid Act of 2005
Parliament has taken notice of a new social phenomenon
which has emerged in our country known as live-in
relationship. This new relationship is still rare in our
country, and is sometimes found in big urban cities in India,
but it is very common in North America and Europe. It has
been commented upon by this Court in S.
Khushboo v. Kanniammal [(2010) 5 SCC 600 : (2010) 2 SCC
(Cri) 1299] (vide para 31).
c) This Court in Ravish Singh Rana v. State of Uttarakhand70,
observed:
“15. Moreover, in a long drawn live-in relationship,
occasions may arise where parties in that relationship
express their desire or wish to formalize the same by a seal
of marriage, but that expression of desire, or wish, by itself
would not be indicative of relationship being a consequence
of that expression of desire or wish. A decade or two earlier,
live-in relationships might not have been common. But now
more and more women are financially independent and
have the capacity to take conscious decision of charting
their life on their own terms. This financial freedom, inter
alia, has led to proliferation of such live-in relationships.
Therefore, when a matter of this nature comes to a court, it
must not adopt a pedantic approach rather the Court may,
based on the length of such relationship and conduct of the
parties, presume implied consent of the parties to be in
such a relationship regardless of their desire or a wish to
convert it into a marital bond.”
(emphasis supplied)
Adding force and life to the cure in accordance with the true intent
and accounting for a social change as an aspect for adjudication,
would then lead us to the conclusion that if a woman is in a
domestic setup even prior to marriage, which obviously, to a
certain extent in the urban areas is a reality today, the protection
69 (2010) 10 SCC 469
70 (2025) SCC OnLine SC 1055
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given to married woman should be given to them also. Cruelty, any
which way, does not check at the door, whether the house it enters
is that of a married woman or not. Once it enters, its propensity to
destroy is aggravated.
20. It is held, therefore, that a woman in a “relationship in the
nature of marriage” shall be protected under Section 498A, giving
the word “husband” a purposive interpretation, keeping in view the
reformative, corrective and socially beneficial intent of the Section.
RELEVANT SAFEGUARDS
21. We have already noted above instances of misuse of Section
498A IPC being recognised by this Court. Numerous times, this
Court has observed that a well-intentioned provision has caused
considerable hardship, since it is being misused and employed as
a means of settling scores and ventilating grievances. Although we
have extended its benefit to ‘relationships in the nature of marriage’,
the growing, worrisome trend of misuse troubles us.
We also have to recognise that there may be certain relationships
that may meet all the requirements to be a ‘relationship in the
nature of marriage’ as listed, albeit non-exhaustively in Indra
Sarma supra, but yet the parties thereto may very clearly never
possess the intent to take the relationship one step further into
matrimony. So, in the said context, while not all live-inrelationships
are ‘relationships in the nature of marriage’, all
‘relationships in the nature of marriage’ also do not ‘mimic
marriage’.
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When the intent is absent, a question beckons as to why such
relationship needs to be equated with marriage for the purposes of
invoking penal provisions. In our view, it does not. Those
relationships that are in the nature of marriage and also have the
requisite intent to marry are the closest to marriage itself, and it is
those relationships that shall be entitled to the protection of this
Section. This specific requirement, in our view, is what will
differentiate a ‘relationship in the nature of marriage’ as it is
understood for the purposes of the DV Act, which inherently is a
legislation of civil nature, vis-à-vis the provision that concerns us,
which imputes criminal liability. Because of this, obviously, a
higher standard of proof needs to be applied. The presence of the
intent of the parties shall obviously lie upon the person alleging
that the intent was present. In other words, the initial burden of
proof would be on the female live-in-partner seeking protection of
the law.
In view of the above discussion, the application of the section is
restricted, keeping in view its penal nature and also a long list of
adverse consequences which may accompany such a strict
provision. Even with this limited application, the other protections
that have been judicially developed against the misuse of this
provision should apply to these cases also. This Court in Arnesh
Kumar supra had put in place some safeguards. Relevant
paragraphs thereof are as follows:
“6. Law Commissions, Police Commissions and this Court
in a large number of judgments emphasised the need to
maintain a balance between individual liberty and societal
order while exercising the power of arrest. Police officers
make arrest as they believe that they possess the power to
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do so. As the arrest curtails freedom, brings humiliation
and casts scars forever, we feel differently. We believe that
no arrest should be made only because the offence is nonbailable
and cognizable and therefore, lawful for the police
officers to do so. The existence of the power to arrest is one
thing, the justification for the exercise of it is quite
another. Apart from the power to arrest, the police officers
must be able to justify the reasons thereof. No arrest can
be made in a routine manner on a mere allegation of
commission of an offence made against a person. It would
be prudent and wise for a police officer that no arrest is
made without a reasonable satisfaction reached after some
investigation as to the genuineness of the allegation.
Despite this legal position, the legislature did not find any
improvement. Numbers of arrest have not decreased.
Ultimately, Parliament had to intervene and on the
recommendation of the 177th Report of the Law
Commission submitted in the year 2001, Section 41 of the
Code of Criminal Procedure (for short “CrPC”), in the
present form came to be enacted. It is interesting to note
that such a recommendation was made by the Law
Commission in its 152nd and 154th Report submitted as
back in the year 1994. The value of the proportionality
permeates the amendment relating to arrest.
11. Our endeavour in this judgment is to ensure that
police officers do not arrest the accused unnecessarily and
Magistrate do not authorise detention casually and
mechanically. In order to ensure what we have observed
above, we give the following directions:
11.1. All the State Governments to instruct its police
officers not to automatically arrest when a case under
Section 498A IPC is registered but to satisfy themselves
about the necessity for arrest under the parameters laid
down above flowing from Section 41 CrPC;
11.2. All police officers be provided with a check list
containing specified sub-clauses under Section 41(1)(b)(ii);
11.3. The police officer shall forward the check list duly
filled and furnish the reasons and materials which
necessitated the arrest, while forwarding/producing the
accused before the Magistrate for further detention;
11.4. The Magistrate while authorising detention of the
accused shall peruse the report furnished by the police
officer in terms aforesaid and only after recording its
satisfaction, the Magistrate will authorise detention;
11.5. The decision not to arrest an accused, be forwarded
to the Magistrate within two weeks from the date of the
institution of the case with a copy to the Magistrate which
may be extended by the Superintendent of Police of the
district for the reasons to be recorded in writing;
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11.6. Notice of appearance in terms of Section 41-A CrPC
be served on the accused within two weeks from the date
of institution of the case, which may be extended by the
Superintendent of Police of the district for the reasons to
be recorded in writing;
11.7. Failure to comply with the directions aforesaid shall
apart from rendering the police officers concerned liable
for departmental action, they shall also be liable to be
punished for contempt of court to be instituted before the
High Court having territorial jurisdiction.
11.8. Authorising detention without recording reasons as
aforesaid by the Judicial Magistrate concerned shall be
liable for departmental action by the appropriate High
Court.”
We may only underscore the need for strict compliance therewith
in cases where recourse to the law is taken by a female in a ‘live-in
relationship in the nature of marriage’.
PRESENT FACTS
22. Let us apply the above conclusion in the present case. The
proceedings that have made their way to us in these appeals were,
in fact, under Section 482CrPC/528BNSS or, in other words, for
quashing of criminal proceedings. The contours of the exercise of
this power are established beyond question. Reference can be made
to State of Haryana v. Bhajan Lal71. Para 102 thereof clearly
postulates when such a power can be exercised. The allegation in
the FIR is that the appellant had suppressed the factum of his prior
marriage, he, along with his family members, had harassed
respondent no.2 for dowry and also caused physical injury to her,
because of which she received burns on her leg. Whether or not
this actually happened is a matter of trial. When the allegations are
71 1992 Supp (1) SCC 335
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taken at face value, it cannot be said that they do not prima facie
constitute an offence, not disclosing a cognizable offence. As such,
it would not be appropriate for this Court to intervene and quash
the proceedings initiated by respondent no.2.
CONCLUSION
23. (i) Section 498A is held to be applicable to “live-in
relationships” that qualify as “relationships in the nature of
marriage” with the intent to marry being established as an
intrinsic part thereof;
(ii) The “live-in relationships” protected by Section 498A, it
is stated for ample clarity, are those that are between two
consenting adult individuals;
(iii) The proposition of law as laid down shall be limited to
Section 498A IPC only, and this extended interpretation shall
not affect any other provision;
(iv) The safeguards against arrest and other factors as laid
down in Arnesh Kumar supra shall be strictly applied and
no person in a relationship in the nature of marriage having
been accused of committing cruelty against a woman, being
either the live-in partner “in the nature of marriage” or his
relative, shall be arrested without preliminary enquiries.
24. The conclusion that can be drawn in the present facts is as
follows:
(i) This is not a fit case for the proceedings to be quashed.
The Trial Court shall be at liberty to proceed in accordance
with law.
(ii) The discussion made herein insofar as it relates to the
facts of the case is limited only to the adjudication of the
appeals against denial of quashing and is not a comment on
the merits of the matter.
(iii) The appeals are disposed of in the aforesaid terms.
We place on record our appreciation for the assistance
rendered by the learned counsel, including the learned
amicus curiae.
Pending application(s), if any, shall stand disposed of.
………………………………………………J.
(SANJAY KAROL)
……………………………………..……….J.
(NONGMEIKAPAM KOTISWAR SINGH)
New Delhi;
August 3, 2026
