Supreme Court: Accused Under 498A IPC Cannot Be Denied Travel Abroad Without Proof
In a key ruling from January 2022, the Supreme Court of India said that a person cannot be stopped from traveling abroad just because they are listed as an accused in a 498A IPC complaint. The Court added that as long as the person has a valid passport, visa, and other required documents, they cannot be denied their right to personal liberty.
The case involved Deepak Sharma, who was accused in a complaint filed by his brother’s wife. However, the Supreme Court found that the complaint did not show any criminal act by Deepak. The Court said that just because he advised the complainant to adjust to avoid conflict or failed to control his adult brother, that doesn’t count as cruelty under Section 498A IPC.
The background of the case revealed that the complainant had filed an FIR under several IPC sections — 323, 34, 406, 420, 498A, and 506 — against her husband and his family members. The FIR was filed at Thanesar City Police Station, Kurukshetra.
The Court noticed that the complainant mentioned her husband’s address in the U.S.A., but left out any mention of the appellant’s location in Texas, where he has lived and worked for nearly 10 years. In fact, her husband lives in North Carolina, while the appellant resides and works in Texas — proving they don’t even live in the same place.
The complaint also did not include any proof or description of the jewellery allegedly taken by the brother-in-law or mother-in-law. There was no evidence to show that the appellant had any connection with the items mentioned.
Because of this, the Court said that just because the husband might leave the country, it doesn’t justify stopping Deepak Sharma from returning to his job in the U.S.
As a result, the Supreme Court overturned the High Court’s order that had denied Deepak Sharma permission to travel abroad. The Court emphasized that denying travel without strong evidence violates the right to personal liberty guaranteed by law.
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