In a significant ruling on the scope of criminal law protecting women, the Supreme Court has held that Section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his relatives, can also apply to certain live-in relationships that are "in the nature of marriage." At the same time, the Court clarified that this interpretation is limited to Section 498A alone and does not automatically extend to other criminal or civil provisions.
A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh delivered the judgment while dismissing appeals filed by Dr. Lokesh B.H. and others challenging the continuation of criminal proceedings against them.
Background of the Case
The dispute arose from complaints filed by a woman who alleged that Dr. Lokesh B.H. had represented himself as her husband, concealed his earlier marriage, and later subjected her to cruelty, including dowry-related harassment and physical abuse. Criminal cases were subsequently registered under Section 498A IPC and other penal provisions.
The appellants approached the Karnataka High Court seeking quashing of the proceedings. The High Court refused relief, observing that the relationship carried the characteristics of a marital union and that the protection under Section 498A could not be denied merely because the validity of the marriage was disputed.
The Supreme Court was therefore called upon to decide whether a man in a live-in relationship could be prosecuted under Section 498A IPC.
Court's Observations
The Bench examined the language of Section 498A, earlier Supreme Court precedents, principles of statutory interpretation, and the object behind the provision. It noted that while criminal laws are generally interpreted strictly, such interpretation should not defeat the legislative purpose where the statute aims to address a social wrong.
The Court explained that not every live-in relationship would receive protection under Section 498A. Only those relationships that genuinely resemble marriage and involve consenting adults with an intention to marry would fall within the provision's scope.
The Bench observed,
"Section 498A is held to be applicable to "live-in relationships" that qualify as "relationships in the nature of marriage" with the intent to marry being established as an intrinsic part thereof."
The Court also clarified that its interpretation is confined to Section 498A IPC and should not be read as expanding the meaning of similar expressions in other statutes.
Safeguards Against Arrest
Recognising concerns about misuse of criminal provisions, the Bench reaffirmed the safeguards laid down in Arnesh Kumar v. State of Bihar. It directed that these safeguards must be followed strictly in cases involving live-in relationships as well.
The judgment states that no person accused of cruelty in such a relationship should be arrested without the mandatory preliminary safeguards and compliance with the legal requirements governing arrest.
Supreme Court's Decision
Applying these principles to the present case, the Supreme Court found that the allegations in the complaints including concealment of a prior marriage, dowry-related harassment and physical assault could not be examined conclusively at the stage of a petition seeking quashing of criminal proceedings.
The Bench held that the allegations, if accepted at face value, disclosed a prima facie case requiring trial. It therefore refused to interfere with the pending proceedings.
The Court observed,
"This is not a fit case for the proceedings to be quashed. The Trial Court shall be at liberty to proceed in accordance with law."
Accordingly, the criminal appeals were disposed of, with the Court clarifying that its observations on the facts are limited to deciding the quashing petitions and should not influence the trial on merits.
Case Details
Case Title: Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr.
Case Number: Criminal Appeal arising out of SLP (Crl.) Nos. 2240–2241 of 2026
Judge: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Decision Date: August 3, 2026
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