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| CASES OF INTEREST | |
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| Supreme Court of India: Stridhana | |
| ISSUE: Indian Penal Code - Sections 406, 498(A), 34 | |
ISSUE: Indian Penal Code - Sections 406, 498(A), 34 |
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| Bhaskar Lal Sharma & Anr. Vs. Monica - Special Leave Petition(Crl.) Nos. 4125-4126 of 2008] Jul 27 2009
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| Q. Does the retention of wedding gifts by a relative constitute criminal breach of trust under IPC 405 and IPC 406? |
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| A. Yes. Respondent wife's allegation against the mother-in-law of taking all the gifts/cash given by the invitees constituted a prima facie case of breach of trust within the meaning of Section 405, bringing her within the purview of Section 406.
Wife filed a complaint under Sections 498A, 406 and 34 of the Indian Penal Code ("IPC") against her husband and appellant parents The properties gifted to a wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are her stridhana properties. It is her absolute property with all rights to dispose at her own pleasure. The husband has no control over her stridhana property. Husband may use it during the time of his distress but has a moral obligation to restore the same or its value to his wife. Therefore, stridhana property does not become a joint property of the wife and the husband and the husband has no title or independent dominion over the property as owner. Entrustment implies that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. The elements of criminal breach of trust as defined in IPC Section 405 and punishable under IPC Section 406 with sentence for a period up to three years, with fine or with both are: (i) entrusting any person with property or with any dominion over property; (ii) the person entrusted dishonestly misappropriating or converting to his own use that property; or dishonestly using or disposing of that property or willfully suffering any other person so to do in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract made touching the discharge of such trust. Any gift made to the bridegroom or his parents - whether in accordance with any custom or otherwise would not constitute any offence under Section 406 of the Code. The respondent wife did not prevail in her IPC Section 498A complaint because her allegations of harassment did not rise to the statutory requirements The elements of the Section 498A: 1. A woman must be married.; 2. She must be subjected to cruelty.; 3. Cruelty must be of the nature of: (i) any willful conduct as was likely to drive such woman: a. to commit suicide; b. cause grave injury or danger to her life, limb, either mental or physical; (ii) harassment of such woman, (1) with a view to coerce her to meet unlawful demand for property or valuable security, (2) or on account of failure of such woman or by any of her relation to meet the unlawful demand; (iii) woman was subjected to such cruelty by: (1) husband of that woman, or (2) any relative of the husband. back to the top |
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