Pranav B Prem

In a significant judgment emphasizing the importance of a gender-neutral approach in criminal law, the Delhi High Court recently dismissed an anticipatory bail application filed by a woman accused of causing severe burn injuries to her husband. The Court emphatically stated that crimes involving life-threatening bodily injuries must be addressed firmly, irrespective of the gender of the perpetrator.

Facts of the Case:

The case arose from an incident on January 1, 2025, in which the accused, Jyoti, allegedly poured boiling water mixed with chili powder on her husband, Suraj, while he was asleep. She reportedly locked the door from outside, preventing him from seeking medical aid, and fled the scene with his mobile phone, leaving their three-month-old daughter in the room. The victim was discovered by the landlord’s son, who rescued him and called the police. The case was registered under Sections 110 and 351 of the Bharatiya Nyaya Sanhita, 2023, following a detailed complaint by the victim. The complaint also revealed allegations of threats, false rape cases filed by the accused against other individuals, and coercion into marriage.

Key Observations by the Court:

Justice Swarana Kanta Sharma, hearing the matter, rejected the plea for leniency based on the accused’s gender. The Court held, “Crimes involving the infliction of life-threatening bodily injuries must be dealt with firmly, irrespective of whether the perpetrator is a man or a woman since the life and dignity of every individual, regardless of gender, are equally precious.” The judgment highlighted the need to move beyond gender biases, which often influence arguments for leniency. The Court observed, “Such biases – rooted in societal perceptions, cultural conditioning, or individual assumptions – often find their way into arguments advanced before the Courts, where leniency is sought solely on the basis of the accused’s gender.” It further emphasized that judicial decisions must not be swayed by such biases unless explicitly provided for by law.

Gender Neutrality in Criminal Jurisprudence:

The Court reiterated that Indian criminal law, particularly provisions addressing life-threatening injuries, is gender-neutral. It stated, “The pain, trauma, and damage resulting from such injuries are the same, irrespective of the victim’s gender.” The Court found it unacceptable to grant leniency to a woman accused of grievous offenses solely on account of her gender.

Societal Challenges and Stereotypes:

The judgment also delved into the broader societal challenges faced by male victims of domestic violence. It observed that men often encounter disbelief and stigma, reinforcing the misconception that they cannot be victims of domestic violence. “Just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law,” the Court noted. It emphasized that empowering one gender should not come at the expense of fairness toward another.

Case-Specific Findings:

The Court considered the gravity of the injuries sustained by the victim, as recorded in the medical report, and the accused’s conduct, including fleeing the scene and evading investigation. It also took into account the victim’s detailed complaint filed days before the incident, which outlined a history of coercion, false cases, and threats from the accused. The Court remarked, “The plight of the victim, as evident from the medical records and other evidence, must be the primary consideration in deciding such applications where life-threatening injuries have been caused.”

Verdict

In rejecting the anticipatory bail application, the Delhi High Court underscored the importance of impartiality in the justice delivery system. “The hallmark of a fair and just justice delivery system is to remain gender-neutral while adjudicating cases of such nature as the present one,” the Court observed. 

Cause Title: Jyoti Alias Kittu v The State 

Case No: BAIL APPLN. 262/2025

Date: January-22-2025

Bench: Justice Swarana Kanta Sharma

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