Calling Wife 'Bhoot', 'Pishach' Not Cruelty: Patna High Court Sets Aside Husband's Conviction U/S 498A IPC

The Patna High Court has observed that a husband calling his wife 'Bhoot' (ghost) or 'Pisach' (Vampire) itself does not constitute an act of cruelty.

A bench of Justice Bibek Chaudhuri added that in matrimonial relations, especially in failed matrimonial relations, there are incidents where both the husband and wife abuse each other by using filthy language, however, all such accusations do not come within the veil of “cruelty'.

The court made these observations while setting aside a husband's conviction under Section 498A IPC and Section 4 of the Dowry Prohibition Act 1961.

The Court allowed the revision plea moved by the husband challenging the order of the Additional Sessions Judge, Nalanda at Biharsharif upholding the order of his conviction passed by Chief Judicial Magistrate, Nalanda

The facts in brief

The Opposite Party No. 2 (father of the wife) filed a complaint case in 1994 before the court of Chief Judicial Magistrate, Nawada against her husband and their family members, alleging, inter alia, that after his daughter got married to the petitioner no. 2 (husband), she was subjected to physical and mental torture on account of dowry demand.

The said complaint was referred to the Police under Section 156(3) CrPC and accordingly, a case was lodged under Sections 498A, 323, 120B, 348 and 386 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act,1961.

On completion of the investigation, the Police submitted a charge sheet against the Petitioners and 11 other persons named in the FIR. Both the Trial Court as well as the Court of Appeal, convicted and sentenced the Petitioners to rigorous imprisonment for one year for offence under Section 498A IPC and rigorous imprisonment for six months for the offence punishable under S. 4 of the Dowry Prohibition Act, 1961.

Challenging his conviction, the husband moved the HC wherein his counsel argued that there were no specific averments in the complaint as to who demanded dowry and when it was demanded and how the wife was tortured. 

It was also contended that she was never medically treated for such torture allegedly perpetrated upon her by the Petitioner-husband.

On the other hand, the Counsel for the wife's father argued that the Petitioner-husband and their family members used to abuse her by calling her “Bhoot” (ghost) and “Pisach” and that by saying so, they inflicted immense cruelty on the wife.

High Court's observations 

At the outset, the Court rejected the argument that just by calling his wife 'Bhoot' and 'Pishach', the husband inflicted cruelty on his wife. The Court also observed that though the wife stated in her evidence that she informed the matter regarding the torture to her father by a series of letters, however, not a single letter was produced by the de facto complainant during the trial of the case.

The Court also noted that no document was produced to show that the contesting Petitioners personally demanded a Maruti Car and on non-fulfilment of such demand, the wife (daughter of the de facto complainant)  was subjected to cruelty. The Court also took into account the fact that no specific distinct allegations were made against the husband or his family members.

In view of this, the Court opined that the case under Section 498 A of the Indian Penal Code was the outcome of personal grudge and differences between both the parties.

Against this backdrop, the Court set aside the order of conviction and allowed the revision plea.

Case title - SG and another vs State of Bihar and another

Case citation: 2024 LiveLaw (Pat) 30

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