Noorjahan v. State Rep. by D.S.P.

Shortly after a couple wed, the husband and his relatives began treating the wife poorly and demanded dowry from her. The husband and his brother later strangled her with rope and his sisters held the wife’s arms. This led to her death. All of the accused were convicted and sentenced under Sections 302 and 498(a) of the Indian Penal Code. The aunt of the husband was also convicted and sentenced under 498(a) for alleged dowry-related cruelty, which can lead to a sentence of up to three years imprisonment. In Noorjahan v. State Rep. by D.S.P., the aunt appealed her conviction, arguing there was no evidence that she had made dowry demands or participated in any cruelty. The Supreme Court reversed her conviction, holding that Section 498-A requires proof of cruelty, and no such evidence existed in her case. The Court emphasized that mere presence in the household, without specific acts of cruelty, is insufficient for conviction under 498-A.

Topics

• Domestic and intimate partner violence
• Dowry-related violence

Geographical location

• Asia
• India

Keywords

• dowry
• section 302
• section 498(a)
• Indian Penal Code

Year

• 2008

External URL

• Noorjahan v. State Rep. by D.S.P.

Court

• Supreme Court of India

Type

• Domestic Case Law

Jurisdiction

• India