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november 1958

Supreme Court of India · 1958-11-14

ALAMGIR & ANOTHER vs THE STATE OF BIHAR

Citation / case number
SC 1956/62
Court
Supreme Court of India
Petitioner
ALAMGIR & ANOTHER
Respondent
THE STATE OF BIHAR
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 498 IPC, detaining a married woman can occur through persuasion or allurement, not just force, to protect the husband's rights. The Court affirmed the conviction of appellant A for encouraging the wife to leave her husband, while acquitting appellant B due to lack of evidence of inducement. The Court found the High Court's enhancement of the sentence to six months rigorous imprisonment unjustified, stating that the trial court's discretion should have been upheld.

ALAMGIR & ANOTHER vs THE STATE OF BIHAR · Niyam