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K.V. Prakash Babu v. State of Karnataka

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 1138-1139 of 2016)Decided 22 Nov 2016
Criminal Appeal Nos. 1138-1139 of 2016
Justice Dipak Misra · Justice Amitava Roy

Background

The appellant's wife died by suicide in 2004 after developing a suspicion that he was having an extramarital affair with another woman; that other woman and, subsequently, her mother and brother also later took their own lives, apparently unable to bear the social humiliation. The appellant was tried for murder, cruelty (Section 498-A IPC) and a dowry-related offence; he was acquitted of murder and the dowry charge but convicted by the trial court under Section 498-A, and the High Court, in the State's cross-appeal, went further and also convicted him under Section 306 IPC (abetment of suicide), sentencing him to four years' imprisonment.

Decision Breakdown

The Supreme Court held that an extramarital affair, even if proven, does not by itself amount to "cruelty" under Section 498-A IPC or establish abetment of suicide under Section 306 IPC: the prosecution must additionally show conduct of such a degree that it was actually likely to drive the spouse to suicide. Reviewing the evidence, the Court found no testimony of any ill-treatment, harassment, or coercive conduct by the husband beyond the wife's own suspicion fuelled by local rumour about the affair; even the deceased's father's evidence did not describe any cruelty. Since mere suspicion and rumour, without further evidence of driving conduct, could not meet the legal threshold for either offence, the Court allowed the appeals and set aside both convictions, while clarifying that an extramarital affair can still be a valid ground for divorce or other matrimonial relief even though it is not itself a crime under these sections.

Lesson Learnt

A spouse's extramarital affair, by itself, is not a criminal offence under Indian law: to convict someone of cruelty or abetting a suicide, courts require actual evidence of conduct that was likely to drive the other spouse to take that step, not just suspicion, rumour, or the affair's existence alone.

Official source (sci.gov.in)View Judgment (PDF)

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