Supreme Court of India
K.V. Prakash Babu v. State of Karnataka
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What the Court ordered
We are of the considered opinion that cruelty, as envisaged under the first limb of Section 498A IPC would not get attracted.
Judgment, page 10
From the headnote
Penal Code, 1860: ss. 498- and 306 - Cruelty - Mental cruelty - Extra-marital relationship if 'cruelty', amounting to abetment leading to the act of suicide -Appellant's wife on suspicion of husband's extra-marital affair committed suicide - Trial court convicted appellant u/s.498- - High Court upheld conviction uls.498- and also found appellant guilty uls.306 - Held: Under s.498- , the emphasis is on any wilful conduct which is of such a nature that is likely to drive a woman to commit suicide - It is associated with mental cruelty that can drive a woman to commit suicide - Mental cruelty
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