Response

Section 498A of the Indian Penal Code (IPC) deals with the violence done on women after her marriage by her husband or her in-laws or any relative of the husband. It prescribes punishment for 3 years and a fine. It gave a new definition to cruelty.

A ÔPolice Clearance CertificateÕ is a document issued by the District Superintendent of Police to an applicant, which certifies the following:

That the applicant is a citizen of India
That the applicant is indeed the person whose photograph has been affixed on the PCC application form.
That the applicant has not been involved in any criminal case and that there is no criminal case pending against him /her in the court of law as per district police records. ?
That the applicant has not come to any adverse notice, which would render him/her ineligible for the grant of visa/immigration.

Therefore i would like to say that if the act done is of such a nature that the woman is enticed to commit suicide or cause an injury to herself, which may prove fatal. This was added in the case of Shobha Rani v. Medhukar Reddy.[1] It was held in the case that evidence is required to prove cruelty.
If the act done is to harass women or any other person related to her to meet unlawful demands.If a case has been filed against an individual under section 498A then a police clearance certificate cannot be granted to any in a criminal case and that there should be no criminal case pending against him /her in the court of law as per district police records.

Reference:

2021001320210007224

LAWAYZ-2023-809