In this post we will be taking about recent case on dowry demand and the law related to it in Mohali jurisdiction where husband was booked.
Five members of family have been booked after his wife accused them of making dowry demands and even sexually harassing her, police said on Tuesday. The family resides in Sector 68 of Mohali.
The woman told police that she got married in 2015, and soon after, her in-laws started harassing her for dowry. Even as her father gave them money, they kept demanding more and even assaulted her, she said. Her husband’s brother and maternal uncle even sexually harassed her, and when she complained to him, he too assaulted her, she alleged.
The case was investigated by a deputy superintendent of police, who found the family guilty. After obtaining legal opinion, a case was registered
Against the man, his brother. Father and three other relatives.
They have been booked under Sections 120B (criminal conspiracy), 354A (sexual harassments), 406 (criminal breach of trust), 420 (cheating) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC.
Section 498A of IPC – 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—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
Section 354 in The Indian Penal Code
Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 406 in The Indian Penal Code
- Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 420 in The Indian Penal Code
- Cheating and dishonestly inducing delivery of property. —Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
120B. Punishment of criminal conspiracy. —
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
Marriage as a social institution is recognized as a civilized social order where two individuals, capable of entering into the union, have pledged themselves to the institutional norms and values and promised to each other a very strong bond to sustain and maintain the marital obligation. It works as a root for the continuance of the human race. Despite all the promises made at different occasions of marriage ceremony that the individual incompatibilities and attitudinal differences for non-adjustment or refusal for adjustment may come to an end, but certain circumstances occurred where the husbands and his families demand i.e. Dowry which is not fulfilled and sometimes a perverted sense of revenge occurred.
Dowry is a concept of giving and taking money or gifts from the bride’s family at the time of marriage as a token of love and acceptance which binds both families into one. Unfortunately, over the years the term has shifted from being an affectionate gesture to a horrifying nightmare. Though the practice of dowry emerged as a safeguard for the woman, it has assumed mammoth shape and magnitude.
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