Jayesh Kanna v. Assistant Commissioner Law and Order (West) 2026 INSC 615 – Cruelty -S.498A IPC; Non-Communication - Petty Quarrels

Indian Penal Code, 1860 – Section 498A — The question of mental cruelty must be determined in the context of the facts and circumstances of each case, as whether an act amounts to cruelty or not varies from person to person and their sensitivity, mental fortitude and faculties, and there cannot be a thumb rule which can be applied uniformly to all cases. It is also required to be determined whether the gravity or seriousness of the act is of such a nature that it is likely to drive a woman to commit suicide or cause injury or danger to her mental health, persistent harassment within a close proximity of time of lodging the complaint may be a relevant factor, and a petty quarrel cannot be termed as cruelty to attract the charge under Section 498A. (Para 16) [Context: SC set aside the husband’s conviction under Section 498A IPC for cruelty arising from the wife’s suicide, holding that mere non-communication by the husband for thirteen days, without cogent supporting evidence, did not meet the statutory threshold of “cruelty”- Differences in marital life are a part and parcel of it and such differences may result in non-communication]

Criminal Trial – Standard of Proof in Criminal Trials — The prosecution has to establish the allegations beyond reasonable doubt to bring home the charge as alleged against the accused and it is not the accused who has to dispel such burden, especially when the charge under Section 498A IPC is involved. (Para 21)