Section 109 of IPC & Prevention of Corruption Act, 1988- Housewife made co-accused only because assets were purchased by husband in her name.

The petitioner-house wife and her husband main accused are prosecuted in the crime for offences of disproportionate assets read with Section 109 of the IPC

The only allegation against the petitioner – housewife is that certain assets are in her name.and therefore, made accused as per Section 109 of the IPC.

HELD that the only ingredient for offence under Section 109 of IPC is active participation in the abetment of the crime.   Abatement of crime is defined in Section 107 of IPC.  The question, therefore, arose for consideration was whether the petitioner housewife instigated or abetted her husband to commit the crime.

Usually, an unemployed wife is always dependent upon the will of her employed husband.   The petitioner is within fudiciary relationship with her husband.  The husband is in position and capacity to deminate the will of the petitioner to participate in purchase of property in her name.   Therefore, mere participation of housewife with her husband cannot ipso facto prove guilt of the housewife.   On the basis of plain and simple statement that the properties are purchased by her husband in her name per se will not attract abetment offence against house wife.  It is for the husband to explain source of income.

Judgment dated 6.3.2024 in CRLM No.2660 of 2023 of Smt.E.Swarnalata @P.Swarnalata Vs. State of Odisha (Vigilance)