Supreme Court Extends IPC Section 498A Protection to Live-in Relationships

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Supreme Court Extends IPC Section 498A Protection to Live-in Relationships

Judiciary
Supreme Court Extends IPC Section 498A Protection to Live-in Relationships

The Supreme Court holds that IPC Section 498A applies to women in live-in relationships “in the nature of marriage,” allowing prosecution for domestic cruelty. The Court’s interpretation of coverage under Section 498A and its continuation under the Bharatiya Nyaya Sanhita, 2023.

IPC Section 498A and its replacement under BNS, 2023:

Dimension Key Details
Legal basis Section 498A is governed by the Indian Penal Code, 1860.
Offence definition Section 498A provides for criminalising cruelty by a husband or his relatives against a married woman, including physical or mental cruelty and harassment for dowry.
Nature of offence The offence under Section 498A is cognizable, non-bailable, and non-compoundable.
Replacement under Bharatiya Nyaya Sanhita, 2023 After the enactment of the Bharatiya Nyaya Sanhita, 2023, IPC Section 498A has been replaced by Sections 85 and 86 of the BNS.
Continuing provision under BNS Sections 85 and 86 of the BNS continue to punish cruelty by the husband or his relatives against a woman.
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Q 1 / 2

With reference to the Supreme Court’s interpretation mentioned, consider the following statements:

1. IPC Section 498A applies to women in live-in relationships “in the nature of marriage.”
2. IPC Section 498A applies only when the woman is legally married.

Which of the statements given above are correct?