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Section 304B of IPC Vs 498A

Section 304B of IPC deals with dowry death where a woman dies within 7 years of marriage under suspicious circumstances after being subjected to cruelty or harassment for dowry. Section 498A of IPC deals with cruelty by husband or relatives towards a married woman, including physical, mental or emotional abuse to coerce her or relatives to meet unlawful demands. While Section 304B applies when death occurs within 7 years of marriage, Section 498A applies during the entire marriage. Section 304B requires proving death was from burns/injury and cruelty for dowry, while Section 498A focuses on establishing cruelty created a hostile environment. The punishment under Section 304B is 7 years to life imprisonment and is non-bailable, while Section 498A

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Kushagr Gautam
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706 views

Section 304B of IPC Vs 498A

Section 304B of IPC deals with dowry death where a woman dies within 7 years of marriage under suspicious circumstances after being subjected to cruelty or harassment for dowry. Section 498A of IPC deals with cruelty by husband or relatives towards a married woman, including physical, mental or emotional abuse to coerce her or relatives to meet unlawful demands. While Section 304B applies when death occurs within 7 years of marriage, Section 498A applies during the entire marriage. Section 304B requires proving death was from burns/injury and cruelty for dowry, while Section 498A focuses on establishing cruelty created a hostile environment. The punishment under Section 304B is 7 years to life imprisonment and is non-bailable, while Section 498A

Uploaded by

Kushagr Gautam
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Section 304B of IPC Section 498A of IPC

Basis of
Difference Nature of Offense Nature of Offense

Section 304B pertains to dowry death Section 498A deals with the offense of cruelty
cases wherein a woman dies under by a husband or his relatives towards a
suspicious circumstances within seven married woman during the subsistence of
1. Offense years of marriage, marriage. It

encompasses a broader scope of acts of


cruelty, including physical, mental, or
and it is shown that she was subjected to emotional abuse, with the intent to coerce the
cruelty or harassment for dowry. woman or her

relatives to meet unlawful demands.

Section 304B is applicable when the death Section 498A applies during the subsistence
of a woman occurs within seven years of of marriage, encompassing the entire duration
2. Applicability marriage. of the marital relationship.

Section 498A does not require a specific cause


To establish an offense under Section of death. The focus is on establishing that the
3. Cause of 304B, it must be proven that the death woman was subjected to cruelty or
Death occurred due to burns or bodily injury, harassment

by her husband or his relatives, creating a


and it must have been caused within seven hostile or harmful environment that violates
years of marriage. Additionally, it must be her dignity, compromises her safety, or
shown that the victim was subjected adversely affects

to cruelty or harassment for dowry before


her death. her mental health.

Section 498A covers a broader range of acts


Section 304B specifically addresses cruelty of cruelty, including physical, mental, or
or harassment for dowry, requiring proof emotional abuse, as well as harassment,
4. Cruelty that the woman was subjected to humiliation,
Section 304B of IPC Section 498A of IPC

or degradation inflicted upon the woman with


cruelty or harassment for dowry prior to the intention to coerce her or her relatives to
her death. meet unlawful demands.

The offense under Section 304B is non-


bailable and attracts a minimum The offense under Section 498A is punishable
punishment of imprisonment for a term of by imprisonment for a term that may extend
5. Punishment seven years, up to three years, along with a fine.

which may extend to life imprisonment.

The offense under Section 498A is non-


Bail in Section 304B cases is generally non- bailable, allowing for immediate arrest without
bailable, except in exceptional a warrant in order to prevent further harm to
6. Bail circumstances. the victim.

Section 498A offenses are cognizable,


7. Section 304B offenses are non-cognizable, meaning an arrest can be made without a
Cognizability requiring a warrant for arrest. warrant as the offense is

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