In Kaliyaperumal v State of Tamil Nadu (27 August 2003), how did the Supreme Court treat the…
Kaliyaperumal treats IPC ss.304B and 498A as distinct offences: Muthulakshmi's s.304B conviction was set aside but her s.498A conviction was upheld. Section 498A punishes…
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In Kaliyaperumal v State of Tamil Nadu (27 August 2003), how did the Supreme Court treat the relationship between IPC sections 304B and 498A?
Answer and explanation
Correct answer B
Kaliyaperumal treats IPC ss.304B and 498A as distinct offences: Muthulakshmi's s.304B conviction was set aside but her s.498A conviction was upheld. Section 498A punishes cruelty and does not need a death within seven years of marriage, while s.304B needs, besides cruelty, an unnatural death within seven years and harassment "for, or in connection with, any demand for dowry" soon before death. The corresponding current provisions are sections 80 and 85 of the Bharatiya Nyaya Sanhita, 2023.
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