Refusal to Support Child’s Treatment Not Cruelty Under IPC Section 498-A, Rules Andhra Pradesh High Court
The Andhra Pradesh High Court recently dismissed a criminal case filed by a woman against her husband and in-laws. The Court ruled that failing to take responsibility for a child’s medical treatment does not count as cruelty under Section 498-A of the Indian Penal Code (IPC), nor as criminal intimidation under Section 506 IPC.
The woman had accused her husband and his family of harassment and financial neglect. She said they forced her to demand money from her parents and did not help when their son needed surgery. Their marriage took place in November 2011, and a son was born in September 2015. According to the wife, after the child’s birth, she was sent back to her parental home and was left to take care of herself and her son without any support.
She later filed a complaint under Sections 498-A, 506, 354 read with Section 34 of IPC in May 2019. The husband and in-laws, however, argued that the complaint was filed after the time limit allowed under law. As per Section 468 of the Code of Criminal Procedure (Cr.P.C), offences with a punishment of up to three years must be reported within three years of occurrence. Since all events mentioned in the complaint took place before November 2015, the High Court held that the complaint was time-barred.
Justice R. Raghunandan Rao noted that the magistrate had not provided valid reasons for taking action based on the complaint. He also highlighted that the complaint came over three years after the alleged incidents, making it legally unacceptable.
The Court further explained that the actions of the husband and his family — such as not visiting or helping the wife and child — may be considered neglect, but they do not legally fall under the definition of cruelty in Section 498-A IPC.
The Court also found irregularities in how charges were handled. It noted that Section 354 IPC was wrongly included even though the investigating officer had dropped it. At the same time, Section 509 IPC was not taken into account despite being mentioned in the charge sheet.
Ultimately, the High Court dismissed the case, stating that it had been filed too late under the legal guidelines.
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