Is with a view to coercing her or any person related

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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. In other words, practice of cruelty includes harassment. As observed by the apex court, a new offence is created by giving a new dimension to the concept of cruelty. 3 The first case recorded conviction under Sec 498A of IPC was Wazir Chand’s case. 4 The husband of the woman and his father were sentenced to one year RI and a fine of Rs.100/-. Prosecution under Sec 498A has to prove the case beyond all reasons of doubt, otherwise the case would end in acquittal. 5 3. Consequent upon the insertion of Sec 304B providing the offence of Dowry death, the expression ‘cruelty’ occurs in that section but it has not been defined but the same meaning is attributed to cruelty including harassment as given in the explanation to Sec 498A. 4. It has been reported that more than 10,000 cases are found to be false. 6 In other words Sec 498A is being misused by the women to harass their husbands and in-laws and even the Dowry Prohibition Act is also misused as a weapon in the hands of wives and they are found to be threatening their husbands, if they fail to carry out the wishes or demands of the wives. 3 See for details Shoba Rani Vs. Madhukar Reddy, AIR 1988 SC P.121. 4 Wazir Chand Vs. State of Haryana, AIR 1989 SC P.378. 5 Davakabai Vs. Namdev Doka (1995)2 Crime 443 (Bombay). 6 Supra Foot Note I.
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3 Where such false complaints are filed, the husband and his relatives are subjected to arrest, bail being denied and even to enter into an understanding with the wife to withdraw such cases is not available, as the offences under Sec 498A are cognizable non- bailable and non-compoundable. Serious violation of human rights takes place of the person who are subjected to such false complaints. Among the persons so involved are a large number of women like husband’s sister, mother and other female relatives.
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