Cruelty to Wife -- Relatives of Husband -- Third Parties Not Related to Husband by Blood or Marriage -- Such Persons cannot be prosecuted for cruelty under Section 85 BNS
(i) Bharatiya Nyaya Sanhita, 2023, S.85 -- Cruelty to Wife -- Third Parties Not Related to Husband by Blood or Marriage -- The term "relative" in the cruelty provision must be assigned its commonly understood meaning in the absence of a statutory definition. A person alleged to be in an extra-marital relationship with the husband, or associates acting in concert with him, cannot be treated as a relative of the husband for the purpose of this provision. (ii) Bharatiya Nyaya Sanhita, 2023, S.305 -- Theft -- Allegation Attributed Solely to Principal Accused -- Where the FIR attributes the act of theft exclusively to the principal accused and contains no allegation against co-accused persons, the offence of theft has no application against such co-accused. (iii) Bharatiya Nyaya Sanhita, 2023, S.3(5) -- Constructive Liability for Common Intention -- Mere Naming Without Specific Role -- Constructive liability for a criminal act done in furtherance of common intention requires the FIR to separately or clearly set out the role played by each accused. Merely naming a person as an accused, without attributing a specific role, is insufficient to attract this provision.
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