Legal Provisions Involved: Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 85, 351(2), 351(3), 352, 115(2), 64(1), 74, 77, 89, 75(1), 75(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Judgment by: Bombay High Court

Judge/Bench: Justice Madhav J. Jamdar

Facts

A woman filed a police complaint against her husband and in-laws. She said she was repeatedly harassed for dowry, physically abused, suffered burn injuries, was sexually assaulted by her husband, forced to miscarry, and even threatened with a gun by her father-in-law. The in-laws are said to be politically influential. They asked the court for anticipatory bail so they would not be arrested.

Key Legal Provisions

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Sections 85, 351(2), 351(3), 352, 115(2), 64(1), 74, 77, 89, 75(1), 75(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Issues Raised

Should the court protect the in-laws from arrest when the accusations are very serious?

Arguments of the case

The in-laws said the FIR was false and exaggerated. They pointed out that the woman had earlier tried to continue the marriage. The prosecution showed photos, WhatsApp messages and other records supporting her complaint.

Judgment

The Court said the accusations are very serious. Just because a woman tries to save her marriage does not mean her complaint is false. Since the accused are influential and could affect the investigation, the court said custody may be needed. Anticipatory bail was refused.

Click here to VIEW the full judgement.