Saturday, January 28, 2012

498A IPC is not a continuing offence


Summary: Offense under section 498-A of the IPC is not a continuing offense.
How to use this judgment: Suppose the 498-A FIR is lodged in city X (where you and your 498a wife stayed) and your parents live in city Y, then the court in city X lacks the jurisdiction to try any offense committed by your parents.

The FIR would say that you tortured your wife in city X while you and your parents together tortured your wife in city Y. If offense under IPC 498-A was a continuing offense, then the courts in city X as well as city
Y would have territorial jurisdiction.
SUPREME COURT OF INDIA Judgments
1) CASE NO.: Appeal (crl.)  904 of 2004  Y. Abraham Ajith & Ors.  Vs  Inspector of Police, Chennai & Anr.   DATE OF JUDGMENT: 17/08/2004   BENCH: ARIJIT PASAYAT & C.K. THAKKER JUDGMENT: (Arising out of SLP(Crl.)No. 4573/2003) by ARIJIT PASAYAT, J.
2) CASE NO.:Appeal (crl.) 210 of 2000  Manish Ratan & Ors. Vs State of M.P. & Anr.  DATE OF JUDGMENT: 01/11/2006 BENCH: S.B. Sinha & Markandey Katju JUDGMENT:  S.B. SINHA,

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