Consequences of offence under 498A ensue even at the parental home of the woman

AASHRAY CHAUDHARY | Symbiosis Law School, Hyderabad | 11th January 2020

Rupali Devi v. State of Uttar Pradesh (Criminal appeal no.71 of 2012)

Facts

• The initial bench in this appeal had referred this case to a larger bench because the question involved in the case has is similar in a group of appeals before the Apex Court.
• The matters involve women who left their matrimonial house because of the cruelty being committed on them and took shelter in their parental home. Now the question arises whether proceeding under 498A can be initiated in the Court having jurisdiction in the area where the parental home is situated and no allegations are made on behalf of these aggrieved women that any cruelty has been caused in their parental home.
• Section 177^[1] of CrPC gives Jurisdiction to the Court within whose Local Jurisdiction the offence was committed. However section 178^[2] and section 179^[3] are exception to this rule. 
• The core Fact to be considered in these cases is that there were no allegations as to the commission of the offence in their Parental homes which basically gives the Court within whose local Jurisdiction the matrimonial home (place of occurrence) exists. 

Issues

• Whether in a case where cruelty had been committed in a matrimonial home by the husband or the relatives of the husband and the wife leaves the matrimonial home and takes shelter in the parental home located at a different place, would the courts situated at the place of the parental home of the wife have jurisdiction to entertain the complaint under Section 498A?

What was held?

• The Hon’ble Apex Court first deliberated on whether the exceptions under Section 178 and section 179of CrPC would be applicable in these cases.
• Section 178 creates an exception to the “ordinary rule” engrafted in Section 177 by permitting the courts in another local area where the offence is partly committed to take cognizance. Also if the offence committed in one local area continues in another local area, the courts in the latter place would be competent to take cognizance of the matter. 
• And Section 179 extends jurisdiction to the Court in whose local jurisdiction the consequence of such offence ensues. Thus if an offence is committed partly in one place and partly in another or if the offence is a continuing offence the exception under this section would be attracted.
• As the act in this case has not been committed partly in one area and partly in another and is not a continued offence the Court held that Section 178 does not apply here. The Court then went on to discuss whether the exception under section 179 would be attracted here. It was of the opinion that to answer this questions a look into the Statement of Objects and reasons of Criminal Law [2^nd Amendment Act, 1983] (hereinafter referred as “the amendment act”) by which Section 498A was inserted in the penal code is necessary. 
• The object behind the aforesaid amendment was t combat the increasing cases of cruelty by the husband and relatives of the husband on the wife. The word “cruelty” is defined as “the intentional and malicious infliction of mental or physical suffering in a living creature”. The emotional distress or psychological effect on the wife is bound to continue to traumatize the wife even after she leaves the matrimonial home and takes shelter at the parental home. 
• Thus the Court held that going by the object of the Amendment act the consequences of the act of “cruelty” ensues at the parental home of the woman which would attract the exception under section 179 of CrPC extending jurisdiction to the Court under whose jurisdiction the parental home of the woman is.

^[1] Section 177.Ordinary place of inquiry and trial.-Every offence shall be inquired into and tried by a Court within whose local Jurisdiction it was committed. 

^[2] 178.Place of inquiry or trial.- (a) When it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is a continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

^[3] 179. Offence triable where act is done or consequence ensues.- When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.