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Law · Q1580

Indian Penal Code

Graduate and Post Graduate · Law · question 1580

Q1580

A (a 42 year old man), and B (a 37 year old woman) had been married for 15 years. They had two children, C and D. Their marriage was not a happy one. A constantly physically abused B. He used to slap and kick her, as well as insult her. The violence in fact led to B attempting to commit suicide. However, at no point did A demand dowry from B or her relatives. If B were to consider initiating criminal proceedings against A, would Section 498A of the Indian Penal Code apply?

A.
It would not, since a demand for dowry is one of the prerequisites for attracting Section 498A
B.
It would, since any conduct which is likely to drive the woman to commit suicide attracts Section 498A
Answer
C.
This is a case of domestic violence, so a FIR (First Information Report) should actually be filed under the Protection of Women from the Domestic Violence Act
D.
It would not, since the couple had been married for more than 7 years

Answer: Option B

Solution

Answer: Option B
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