The Supreme Court has ruled that Section 498A IPC can apply to live-in relationships that are in the nature of marriage, while directing that no arrest should be made without a preliminary inquiry.
Supreme Court Clarifies Scope of Section 498A
In a significant ruling, the Supreme Court has held that the offence of cruelty under Section 498A of the Indian Penal Code is not confined only to legally married couples. The Court observed that the provision can also extend to live-in relationships that closely resemble marriage, provided there is evidence that both parties intended to marry.
The judgment was delivered by a Bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh.
Live-in Relationship Must Be “In the Nature of Marriage”
The Court clarified that every live-in relationship will not automatically attract criminal liability under Section 498A.
According to the Bench, the woman seeking protection under the provision must first establish that the relationship was in the nature of marriage and that there was a genuine intention between the parties to enter into a marital relationship.
Only after these foundational facts are established can criminal proceedings under Section 498A be sustained.
Court Explains Purpose Behind the Law
While interpreting the provision, the Supreme Court observed that Section 498A was enacted to protect women from cruelty and harassment within domestic relationships.
The Bench noted that denying protection solely because a relationship lacks formal legal recognition would defeat the legislative objective of safeguarding women from domestic abuse.
The Court further observed that the law must evolve alongside changing social realities while remaining consistent with constitutional principles of equality.
Domestic Violence Act Does Not Replace Criminal Remedy
The Court also examined the argument that women in live-in relationships are already protected under the Protection of Women from Domestic Violence Act, 2005.
Rejecting this contention, the Bench observed that the Domestic Violence Act primarily provides civil remedies, whereas Section 498A creates criminal liability for acts of cruelty.
For this reason, the Court held that although both laws may apply in appropriate cases, the requirements for invoking criminal prosecution under Section 498A remain more stringent.
No Automatic Arrest in Such Cases
Emphasising personal liberty, the Supreme Court directed that arrests in such cases must strictly comply with the safeguards laid down in Arnesh Kumar v. State of Bihar.
The Court ruled that neither the live-in partner nor his relatives should be arrested without a proper preliminary inquiry to determine whether the relationship satisfies the legal requirements for invoking Section 498A.
This safeguard, the Court observed, is necessary to prevent misuse of criminal law.
Appeal Dismissed by Supreme Court
The appeal arose from criminal proceedings initiated against a man accused of subjecting a woman to cruelty after allegedly misleading her regarding his marital status.
The appellant sought quashing of the proceedings, contending that the alleged marriage was legally void and that Section 498A could not apply.
The Supreme Court rejected the contention and dismissed the appeal, holding that the prosecution should continue in accordance with law.
Key Takeaways
- Supreme Court held Section 498A IPC can apply to certain live-in relationships.
- The relationship must be in the nature of marriage with an intention to marry.
- Not every live-in relationship will attract criminal liability.
- The initial burden of proving the nature of the relationship lies on the complainant.
- The Court directed strict compliance with safeguards against arrest.
- The appeal challenging criminal proceedings was dismissed.
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Case Details
Case Title: Lokesh v. State of Karnataka
Court: Supreme Court of India
Bench: Justice Sanjay Karol and Justice N. Kotiswar Singh
Date of Judgment: August 3, 2026
Keywords: Supreme Court, Section 498A, Live-in Relationship, Domestic Cruelty
