SC Clarifies Sections 406 And 498A – 2007

Excerpts:

  • According to Section 406 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it of, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
  • We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.

Here is the judgment: SC Clarifies 406 And 498A-2007

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37 Responses to “SC Clarifies Sections 406 And 498A – 2007”


  1. 1 VICTORINE DSOUZA March 7, 2009 at 12:25 pm

    Under ipc sec 406. judgement

  2. 2 WILLIAM November 7, 2009 at 4:10 am

    please tell me about 498 A . weather FIR can be loged against the others then the husband . and is it posible to regd. FIR against a teacher without notice to department u/s 498 A . wt can i do to save my self from harasment of this act befor filing any case .

    • 3 Abhishek Prasad adv December 27, 2011 at 1:05 pm

      yes it can be registered even against family members other than husband. Further no notice to department is required for registration of a case under Section 498 A IPC as these offences have nothing to do with the official discharge of your duties.

  3. 4 Rupanjan Dev November 7, 2009 at 9:15 am

    My father & mother beaten by my sister in law during they visited to my brothers house.Even she launched an complaint aginst my brother & my family in nearest police station.my parent forced to leave that city.Now what should I do.even they can chrge 498 a act aginst us if we took any step.

  4. 5 Arvind Leo Pereira December 4, 2009 at 10:02 am

    Should be more stringent, use domestic violence act

  5. 6 shashank khare June 5, 2010 at 2:26 pm

    I & my wife got married after our relations for more than six years by court marraige. we hardly lived together for at the most for 3 months. and as my visa for London was rejected she started disagreeing with me on every aspect and finally on 13th Dec,2009 she left for her parents house and after one month she called me to tell that now she will not come back and asked me to sign a statement for divorce with mutual consent, I after some time found some sms communication of her with her new friend these sms were very vulgar for a married girl and i took away her phone from her than also no one from her home came to take back that phone and asked me to give divorce with mutual consent but till she behave properly and accept her doings with the other boy after marraige I dont want to agree for divorce with mutual consent. now she and her parents are waiting for 1 year to complete of my marraige so as to take legal action. I want to know what legal steps she & her parents can take against me?

  6. 7 Sultan Ahmed June 13, 2010 at 11:52 am

    FIR was lodged against me under section 406,
    there is no documentary evidence or proof,

    there is only two witnesses ,
    pls tell me what would be happened with me

    • 8 Abhishek Prasad adv December 27, 2011 at 12:55 pm

      Charge under section 406 IPC can still be framed without there any documentary evidence, what is merely required is to see whether there was any entrustment of property and there upon dishonest misappropriation. so you should rather work on these issues. And if charges are already framed then the prosecution will be required to prove those aspects and so should your defence be..

  7. 9 AMIT KUMAR RAI July 12, 2010 at 4:12 pm

    Sir mera umar 21 years hai aur mein aap ke ladke ke tarah hoon kripa iska koi samadhan nikal dijiye.Aur ye shaadi mere uper dhoke se hui hain
    mera naam Amit kumar rai hai mera shaadi 2/06/2008 main hua tha aaj kewal 10 rs ka stamp paper per hua tha first time wo ladki mere father ko police station le ke gai per mera father aapni izzat ka khatir or media ka khatir mera father use accept kar liye aur meri pustani ghar main la kar rakhe per wo waha se bhage aur aapni bhai ke pass ja kar mera father,mother sister or brother ko 498A act mein phasa de jab ki main aisa kuch nahi tha mera uper charge lagayi hai ki main 3/6/2006 (ko bidai hui),(2lakhs ka maga tha lekin main paisa nahi maga tha),(gold ka jewellery 5 man rate aur 50,000 cash aur 25000 ka clothes maga tha jab ki main nahi maga tha ),(mera family use marne aur pitne ko bhi boli hai jab ki main kabhi use mara pita nahi hoon na hi mere family wale use kabhi hanth tak nahi lagaye hain), (mere ghar wale aur mein amit kumar rai motorcycle ki maang nahi kiya tha par wo jhooth boli), (mere job ke liye mein usse 5 lakhs corrupt money nahi manga tha jabki mein inter pass 3rd division hoon aur mein greater noida ke IIMT mein B.C.A kar raha tha to mein 5 lakhs ki maang kar hi nahi sakta kyonki mere liye high qualification ka kar raha tha lekin is case ke chakar mein mera pura padhayi bekar ho gaya aur mujhe college se nikal diya gaya par mein aaj bhi dubara padhna chahta hoon par dar lagata hai ki woh dubara gawahi badel na de jisse mera padhayi ka pura money loss ho jaye ga toh mein dubara padhayi hi nahi kar pars hoon)
    aur mere uper aur mere father,mother ke uper (498A) act ka dhara lagayi hai.Mera september 13 mein court mein date hai

    Sir mein apse request karta hoon ki is case se divorce ho sakta hai ki nahi kripya iska koi solution batayein.Agar mein video recording mein ye sare ilzaam use aur uske family se ye kahala doon ki ye saara ilzam jhoota tha aur is video recording ko mein cort mein pes kar doon to iska judgement kya hoga.

    SIR MERA MOBILE NUMBER 09777173606,08908488060 HAI
    SO I WILL REQUEST YOU PLEASE CALL ME ANITHER ONLY ON MISS CALL I WILL RETRUN CALL BACK PLEASE SIR A BIG PROBILM FACING OUR FAMILY

  8. 10 inderpreet singh September 8, 2010 at 8:03 am

    GOOD AFTERNOON SIR,
    MERI WIFE NE MUG PAR 406 498A KA CASE DAL DIYA HAI.MERI USNE HIGH COURT SE ANTICIPATORY BAIL NAHI HONE DI. USNE MERI LIST ME DOWRY BAHOOT JYADA LIKH DI HA JO USNE MUGE DI HI NAHI HA.UR JO THODA JIYA BHI THA VOH LE JA CHUKI HI.MERA 8 MAHINE KA EK CHILD BHI HAI AUR MA KHAR BASANA CHAHTA HON.MA DIVORES NAHI KARNA CHAHTA .MERE KHAR VALO NE BHI MERI WIFE KE KARN MUJE BEDKHL KAR DIA HA .MERE PASS CASE LADNE KE LIYE PASE NAHI HAI.
    MA KAHR BASANA CHAHTA HO PLEASE HELP ME

  9. 12 PAVITRA DEVI BHARTIA October 28, 2010 at 12:47 pm

    I, Pavitra devi Bhartia (age 60 years) presently reside in Belur (P.S.Bally, Howrah). I am a simple House wife.
    My son Mr.Ajay Bhartia got married on 27th November 2009 with Namrata Agarwal (D/o Shri Prabhat Agarwal).We belongs to a middle class family ardently believing in Indian Culture..My husband is aged and he has not any source of income. My son was part time faculty in Agrasain College,Liluah(W.B) but now he is working in coal India, Ranchi as an execuitive trainee.After marriage, a month later his wife ( Namrata ) started demanding the salary to be given in her hand and her parents insisted my son- ( Ajay Bhartia ) to do so.Thereafter,some of his wife’s (Namrata) relatives along with her parents came to our house on dated 28th Feb 2010 and threatened us.Likewise she and her parents started demanding expensive jewellery and other luxuries which was not possible to purchase for my son Albeit , they managed to live together for 10 months despite all these discords but they could no longer go ahed and decided to estrange from each ohter.Therefore, they went for legal mutual agreement with all consent to live apart therafter.On 16th August 2010 they signed an agreement before the court in Ranchi in presence of some aminent persons.On the same day she called her parents from Kolkata to Ranchi.That day her parents stayed with her at Ranchi and returned to Kolkata with her on 17th Aug’2010.She took back all jewellery and valuable things with her.They mentioned in the agreement that they will apply for divorce in the court.
    But now her parents demanded Rs.22 lakhs(Twenty two lakhs) to emancipate us from the charges of dowery and domestic violence.But it was not possible for my family to fulfill their demand. I want to clear that we did not demand any money or valuable things in the wedding and also did not take anything like this.
    But now her parents threatened us to file spurious cases against us under several sections of criminal cases like doury and domestic violence. After all these events I live in fear… My husband also lives in fear. I am also suffered from many dieses like Asthma, Alser, Arthritis etc from last five years. Treatment is going on under specialist of Apollo Hospital & AMRI Hospital. I am living my life under high depression.
    I want your help & valuable suggestions .So that I can save my life. Please help me as much as you can.

    • 13 krishankmittal June 21, 2011 at 3:27 pm

      Dear pavitra, file acomplaint with Incme tax deptt Director General Investigation of yoyr state giving details of the family of the girl. 2) file a private complaint with megistrate under section 2/3 of the dowry prohibition Act through your lawyer. In this way you can put these cheats in trouble.

      • 14 abc January 29, 2012 at 3:26 pm

        Sab bekaar ke baatein hai. Police & Judges unhin ki sunte hai jo unhein paisa deti hai chaahe woh sahi ho ya galat & Income Tax Dept. is fully blind after putting so many RTI they always replied “we can’t reveal the IT details of a person” RTI was attached with SC/HC judgement abt IT dept. We approched it higher level but nothing happened.
        The moral of the story is “Nange se koi nahin jeeta”. If you can become more ill-mannered & disrespectful, you can win fgt otherwise you have to be compromise with your self respect & pure soul.

  10. 15 ROHAN April 25, 2011 at 5:31 am

    when the listend to the cofirmation on this day.

  11. 16 MANOJ JAIN August 9, 2011 at 12:16 pm

    Sir mera umar 27 years hai aur mein aap ke ladke ki tarah hoon kripa iska koi samadhan nikal dijiye.Aur ye shaadi mere uper dhoke se hui hain
    mera naam Manoj Jain hai mera shaadi 24/03/2010 main hui thi,first time wo ladki mere brother father or mujhe ko police station le ke gai per mera father aapni izzat ka khatir use accept kar liye per wo waha apne jewar lekar bhag gai phir bhi maine uce manakar wapas le aya or jewar bhi manga liye, kuch time bad vo phir se bhag gai, to ucke ghar walo ne alag rehne ko kaha to maine kaha ki meri itni income nahi hai ki main itna afford kar saku to ucne kaha ki main bhi apki help karungi, maine vo bhi man liya or date 27/05/2011 se alag rehne lage, meri income kam hai or vo khud kamati hai to ucne kaha ki main bhi help karungi, month pura hone par ucne saf mana kar diya ki main to kuch nahi dungi, to maine apne hasiyat ke anusar chota makan rent par le liya, to ucne aane se saf mana kar diya,or mujhe bhi ghar se date 20/06/2011 ko nikal diya, main apne ghar wapas aa gaya, kuch time bad mere father,mother brother or mujhe (498A or 406) act mein ucne coart se mere ghar walo par (498A or 406) ka case laga diya, mere bhai ko or mujhe jail ho gai, mera bhai 2 din jail me reha kar aaya, or mujhe 8 din jail me rehna pada, jab ki main aisa kuch nahi kiya tha mera uper charge lagayi hai ki main ,(5 lakhs or 1 alto car mange tha lekin main kuch nahi maga tha) ,(meri family use marne aur pitne ko bhi boli hai jab ki main kabhi bhi use mara pita nahi hoon na hi mere family wale use kabhi hanth tak nahi lagaye hain),

    mere uper aur mere father,mother brother ke uper (498A or 406 ) act ki dhara lagayi hai.Mera august 16 mein court mein date hai,

    Sir mein apse request karta hoon ki is case se divorce ho sakta hai ki nahi kripya iska koi solution batayein.

    SIR MERA mail id hai jain_manoj_2004@yahoo.com HAI
    SO I WILL REQUEST YOU PLEASE HELP
    PLEASE SIR A BIG PROBILM FACING OUR FAMILY

  12. 17 Bikram Chatterji (Husband) 09958069480 January 14, 2012 at 11:00 am

    my case is totally different my husband has cheated me and now my life is hell i have 2 kids from this marriage 1st one is son and 2nd is daughter who unfortunately has serious health issue 2 operation has already been done and further several are due. My husbands per month income is 137000 one lac thirty seven thousand but he is not ready to take our responsibility and now he is staying with some BITCH whom he is FUCKING and she is licking his FUCK that BITCH and they both FUCK her together one in ASS and the other in CUNT and the BITCH screams and crys saying give me more fuck me fuck me hard give me your CUM and these 2 Monsters they give her there CUM and she eats it , they have done this in front of me and have been hitting me if ever i have tried raising my voice.

  13. 18 Bikram Chatterji (Husband) 09958069480 January 14, 2012 at 11:12 am

    my case is totally different my husband has cheated me and now my life is hell i have 2 kids from this marriage 1st one is son and 2nd is daughter who unfortunately has serious health issue 2 operation has already been done and further several are due. My husbands per month income is 137000 one lac thirty seven thousand but he is not ready to take our responsibility and now he is staying with some BITCH whom he is FUCKING and she is licking his DICKand his ASS, even his father comes to enjoy fucking that BITCH and they both FUCK her together one in ASS and the other in CUNT and the BITCH screams and crys saying give me more fuck me fuck me hard give me your CUM and these 2 Monsters they give her there CUM and she eats it , they have done this in front of me and have been hitting me if ever i have tried raising my voice.

    So anybody who wants to get fucked hard can go and meet Bikram Chatterji he will fuck you and give you pleasure which is out of this world , and don’t worry he can fuck you any time any where as many times you want because his fuck machine is always standing to fuck , BUT ONE THING IS THERE HE WILL CHARGE YOU FOR EVERY FUCK SESSION AS IT IS GOING TO BE HIS HARD EARNED MONEY, so get fucked and don’t forget paying him.

    Bikram (husband)
    09958069480
    N 357 1st floor,
    Mayfield Garden, sector 51
    Gurgaon

  14. 19 karan choubey February 3, 2012 at 1:07 pm

    498A wife is a prostitute, many times it happens that such girls are having affairs with their relatives, to hide it , they file 498A.

  15. 21 Satyanarayana March 16, 2012 at 4:57 am

    Respected sir.
    A nationalized bank at Hyderabad with out my permission debited an amount of Rs.2,20,000/- from my SB account stating that because in other account ( both the accounts stands on my name only) some 5 years back an amount of Rs.2,20,000/- was double credited and hence this amount is debited. Under what section of Law under IPC the bank can charged. Please help.

  16. 22 parvinder kaur June 29, 2012 at 12:50 pm

    sir mere pati ne muj par cruelity ka ilzaam lagaya hai but aisa kuch nahi hai, jabki mere in lawas khud he muje pareshan karte the, main manti hu ki kuch galtiya mujse hui hongi but 100 % main to galat nahi ho sakti , sir 100% galat naa hote huye bhi main apna ghar basane ke liye manne ko teyar hu ki har galti meri he hai, main har samjhota karne ko teyar hu or apne pati or in laws se maafi mangne ko teyar hoo, to bhi kya kaanoon mera sath nahi dega, kya mere pati ko mujse court daivorce dilwa sakti hai,muje mera ghar basana h,mere pati kehte hai ki agar tu court me likh kar de de ki kal ko tuje kuch hota hai to hamari koi zimmedari nahi hai or main sab bhi karne ko teyar hoo,tab court ka kya answer hoga, or ha court me case apply karne ke kitne time ke andar notice aata hai ladki ko, main eak sardarni hoo, pls sir meri help kijiye, muje mera ghar kaise bas sakta hai iska ko tarika bataiye.

  17. 23 parvinder kaur June 29, 2012 at 12:55 pm

    agar ladki har samjhote ke sath or maafi mangkar apne pati ke sath he rehna chahti ho to kya court ladki ko eak moka nahi deti,

  18. 24 Akshith June 29, 2012 at 4:00 pm

    Sir , there is a case where my cousin’s wife had an affair and after 2 years of marriage left the in laws house and started living separately with her boyfriend …and six months later served a notice for compensation and later filed the case in court…..my question is after two years of separation can she file domestic voilence against my cousin and how strong will it hold….

  19. 25 Balvinder Singh August 13, 2012 at 2:31 am

    Yes, such wife are in an affair with some one in her maternal house.

  20. 26 subhash September 1, 2012 at 1:30 pm

    I am 32 years ka hu mari blood relative small sister in humari mother , big brother , small brother & mara upar IPC section 406, 506 & 323 ka under fir karade ha , hamna apna advocate ka kahna par apni mother ( 64 years old) ke bail ke application with surrender in court ma karaie the but juduz in bail dana sa mana kar deya ab humna high court say stay ka leya application laga de ha or apni mother ke bail ka leya section court ma lagaye ha abb aga keya kar saktha ha please help me

  21. 27 vicky September 20, 2012 at 6:01 pm

    Hi my name is vicky kuch logo ne mere pe jhootha paison ka ilzam laga diya hai mera student visa ka kam hai aur unho ne khud fee pay ki thi college ko aur college band ho geya aur fee Dutch govt n seez kar di hum ne unki help ke liye high court aur Dutch court holland mei case kiya hai aur stu log mere pe ilzam laga rahe hai k hum nee fee cash di hai etc. jiska proof mere pass hai k fee kisne pay ki hai so please suggest me any case mere pe banta hai ja nai please reply .

  22. 28 mukesh July 16, 2013 at 5:05 am

    Hi All
    Please make a community and fight with 498a

  23. 30 windows 7 ultimate sp1 original 28.03.2014 May 17, 2014 at 2:48 am

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  24. 31 .agnpmq June 26, 2014 at 3:29 am

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  25. 32 puja bhardwaj July 16, 2014 at 9:52 am

    My husband is living with another girl I dont want to give him divorce at any cost

  26. 33 sanyogita August 2, 2014 at 6:19 pm

    If a person has got anticipatory bail after 498 A FIR, can the girl file a fresh FIR under sec 406 IPC? or the charge will be added to previous FIR? is the person required to seek fresh bail under that section as well? please clarify. its an urgent matter.

  27. 34 necklaces August 19, 2014 at 3:03 am

    If you desire to obtain a good deal from this post then you have to apply such techniques to your won blog.

  28. 35 anand kumar sharma August 28, 2014 at 7:54 pm

    mere father ki pustani awas jamin village me hai. uspar dusre log kabja kar liya hai. mera awas parti (khali pada) tha. mujha us awas ko pane ke liye kya karna hoga

  29. 36 Http://Www.youtube.com/ September 13, 2014 at 9:45 am

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  30. 37 samreen October 26, 2014 at 8:18 pm

    Court name
    Court room no.
    Case no


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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