In a significant ruling, the Bombay High Court has held that taunting a woman over her complexion does not constitute cruelty under Section 498A of the Indian Penal Code (IPC).

The Court set aside the conviction of a man accused of abetting his wife’s suicide nearly three decades ago.

Justice SM Modak delivered the verdict on July 11 in the case Sadashiv Parbati Rupnawar v. State of Maharashtra, acquitting the husband who had been sentenced to five years in prison by the trial court.

The case involved the death by suicide of the appellant’s wife, Prema, in 1995, two years after their marriage. The prosecution alleged that Prema faced harassment over her dark complexion and cooking skills. While the trial court convicted the husband under Sections 498A and 306 (abetment of suicide) IPC, it acquitted his father, who was also chargesheeted.

On appeal, the High Court re-examined the prosecution’s case, including testimonies from five witnesses and documentary evidence. Justice Modak found that the alleged harassment, though possibly unpleasant, did not meet the legal threshold for cruelty under Section 498A.

“Though Prema was being taunted on account of her complexion, I do not think that it will fall within the explanation to Section 498-A of the Indian Penal Code,” the Court observed.

The judgment clarified that cruelty under Section 498A must involve willful conduct of a grave nature. Justice Modak noted that even if the prosecution’s evidence were accepted in full, it did not show conduct of such high intensity as required under the law.

On the charge of abetment of suicide under Section 306 IPC, the Court concluded that the prosecution failed to prove that the suicide was a consequence of the alleged harassment.

“The conviction for the offence punishable under Section 306 of the IPC cannot be sustained, because the prosecution could not prove the suicide being the outcome of the harassment,” the Court held.

Accordingly, the conviction was quashed and the husband was acquitted.

Appearances:

• For the appellant (accused): Advocate Nasreen SK Ayubi

• For the State: Advocate RS Tendulkar