Supreme Court says relatives of accused can't be roped in for not helping victim
The Court was hearing a petition related to a case under Section 498A and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Telangana High Court had earlier refused to quash the proceedings against the maternal aunt and cousin of the main accused.
The Court said that in criminal cases related to domestic violence, the complaint and charges should be specific as far as possible against each and every accused family member.
The Supreme Court on Friday (07/02/2025) said that family members of a person accused of domestic violence cannot be implicated in the criminal case for not extending support to the victim.
"There is a tendency in family cases where the complainant implicates family members of the accused who do not come to the rescue of complainant and remain as mute spectators. But this cannot constitute a criminal act without there being a specific act attributed to them," the Apex Court said.
The Bench of Justice BV Nagarathna and Justice N Kotiswar Singh reiterated that in criminal cases related to domestic violence, the complaint and charges should be specific as far as possible against each accused family member.
There may be situations where some of the family members of relatives may turn a blind eye to the violence of victim and may not extend helping hand but it does not mean that they are also perpetrator of domestic violence unless circumstances clearly indicate their involvement and instigation
The Court also stressed that genuine cases of domestic violence need to be handled with utmost sensitivity. It also acknowledged that since the offence happens within the four walls and is not in the public domain, direct evidence may not be easy.
"What needs to be assessed is that whether such allegations are genuine and specific in criminal law attributable to such members of the family or whether it is merely a spill over or side effect of the emotional," it added.