Conviction Without Charge Is Unlawful—Punjab & Haryana High Court Acquits Woman in Dowry Harassment Case"

No One Can Be Convicted for an Offense They Were Never Charged With—Legal Safeguards Must Be Upheld - Punjab & Haryana High Court  set aside the conviction of a woman accused of cruelty under Section 498-A of the Indian Penal Code (IPC), holding that a court cannot convict a person for an offense unless a specific charge has been framed for it. The Court emphasized, "An accused has the fundamental right to be informed of the charges against them. If no charge is framed under Section 498-A IPC, a conviction under that section is legally unsustainable."
Quashing the judgment of conviction and sentence dated May 3, 2004, passed by the Sessions Judge, Hoshiarpur, the Court ruled, "Section 498-A IPC is not a ‘minor offense’ in relation to Section 306 IPC. A conviction for cruelty cannot be substituted in place of an abetment of suicide charge unless all necessary legal safeguards are followed."
With this ruling, Santosh Kumari was acquitted, and the conviction of Talwinder Singh also abated due to his death during the pendency of the appeal.
"Wife Allegedly Driven to Suicide—Trial Court Convicts Without Proper Charges"
The case originated from FIR No. 86 dated February 28, 2003, registered under Section 306 IPC at Police Station Sadar, Hoshiarpur, following the suicide of Shakuntla, the wife of Talwinder Singh. The prosecution alleged that Shakuntla was harassed by her husband, Talwinder Singh, and her sister-in-law, Santosh Kumari, leading to her taking her own life.
Her father, Jagat Ram, testified that his daughter was regularly harassed and beaten by the accused, and even after his intervention, the cruelty continued. On February 28, 2003, he received a call informing him that his daughter had died by hanging, after which he found her body at Civil Hospital, Hoshiarpur.
Initially, only Talwinder Singh was arrested, while Santosh Kumari and another co-accused, Satpal, were found innocent during the investigation. However, after the complainant’s deposition in court, Santosh Kumari was summoned under Section 319 CrPC, and all accused were charged under Section 306 IPC.
After trial, the Sessions Court acquitted both of abetment of suicide but convicted them under Section 498-A IPC, sentencing them to three years of rigorous imprisonment with a fine of ₹1,000 each.
"Court Cannot Substitute One Offense for Another Without Proper Charges"
The High Court examined whether a conviction under Section 498-A IPC can be sustained when no specific charge was framed for it during trial. The Court observed, "Section 222 CrPC allows a conviction for a lesser offense only if it is inherently included within the charged offense. However, Section 498-A IPC (cruelty) and Section 306 IPC (abetment of suicide) are distinct offenses with different legal elements."
Relying on the Supreme Court’s judgments in Shamnsaheb M. Multtani v. State of Karnataka (2001) 1 R.C.R. (Criminal) 617 and Anandrao Tukaram Gudape v. State of Maharashtra (2018) 1 Bom. C.R. (Cri.) 714), the Court ruled, "Section 498-A IPC cannot be treated as a lesser offense to Section 306 IPC unless the charge framed encompasses all elements of both offenses."
Rejecting the trial court’s reasoning, the High Court held, "Since no charge under Section 498-A IPC was framed, the accused cannot be convicted for that offense. A conviction in the absence of proper framing of charges is a violation of fundamental legal principles."
"Acquittal Granted—Conviction Set Aside"
The High Court ruled in favor of the accused, stating, "The trial court’s conviction of Santosh Kumari under Section 498-A IPC is legally unsustainable and must be set aside. No one can be convicted for an offense they were never charged with."
With this ruling, Santosh Kumari was acquitted, and all legal proceedings against her were terminated. The conviction of Talwinder Singh also abated due to his death during the appeal.
"A Landmark Judgment on Criminal Procedure and Fair Trial"
The High Court’s ruling reaffirms the principle that no one can be convicted for an offense unless they were properly charged and given an opportunity to defend themselves. By ensuring that legal safeguards are upheld in criminal trials, the judgment sets a crucial precedent for fair trial rights and procedural justice in matrimonial cases.

Date of Decision: 06 March 2025