SRINAGAR: The High Court overturned the trial court’s decision to take cognizance against the husband, ruling that a husband slapping his wife in public does not constitute an offence under the Indian Penal Code. After reviewing the wife’s allegation against her husband, Justice Rajnesh Oswal declared that there was no crime under Section 354 of the IPC associated with the application to make a formal complaint or begin criminal proceedings against the petitioner-husband for hitting her. During the trial court’s consideration of the case, the respondent-wife’s statement was recorded. Based on its wisdom, the trial court then decided to submit the complaint to SHO, P/S Pulwama for an investigation under Section 202 of Cr.P. C.Following the submission of a report by the SHO, P/S Pulwama, to the trial court, the court proceeded to issue a process against the petitioner-husband for alleged crimes under Section 323 and Section 354 IPC. “As rightly conceded by the counsel appearing for the respondent-wife, from the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings” , said Justice Oswal. The court rejected the proceedings after reaching the reasoned conclusion that it is not legally viable to issue a summons for the conduct of an offence under Section 354 IPC. The trial court’s actions were contested on the grounds that, given the facts in the complaint, there was no basis for the trial court to have made an order for the commission of an offence under Section 354 of the IPC. The Court dismissed the case in accordance with Section 354 after accepting the submission.
