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If the wife has told the cruelty of the husband in the statement before the death, then there can be evidence, Supreme Court’s important comment on 498A

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New Delhi: The Supreme Court on Friday said that the pre-death statement of the wife with respect to the cruelty committed by the husband to the wife will be admissible during the trial of charges under Section 498A of the Indian Penal Code under the Evidence Act. A bench headed by Chief Justice NV Ramana, however, said certain prerequisites would have to be fulfilled before the evidence could be accepted.

The top court said that the first condition is that the cause of his death should come under question in the case. The Supreme Court mentioned other conditions.

The court made this observation on a petition filed by a person challenging an order of the Kerala High Court. The court, in its order, had acquitted him under section 304B of the Indian Penal Code, but convicted under section 498A.

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