Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband … The Supreme Court noticed that the trial court had found the oral testimonies of the father, brother and a relative of the victim regarding the demand for dowry to be contradictory. State Of Himachal Pradesh vs Nikku Ram And Ors on 30 August 1995, During the investigation, the sharp-edged blade was recovered and after the completion of the investigation husband, sister-in-law and mother-in-law were charged under the Section of, The Court after examining all the evidences, it was held that persons who are charged under Section 304-B, 306 and 498-A will be free from these criminal charges as the prosecution failed to produce the evidence against them and only mother-in-law will be held guilty under. The Supreme Court in a recent judgment held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural. The court did not find any material in his appeal and dismissed the writ petition and said if he wants to prove his innocence for which he is accused of he may do it in a trial. However, a mere possibility to misuse the provision should not invalidate the provision. Is Dowry death a bailable and a cognizable offence? She would expect to be a mother someday and then expect to be mother-in-law,grand-mother and so on. Section 41 of The Code Of Criminal Procedure, 1973. the police officer while arresting any person without a warrant, be satisfied with the complaint registered against a person and fulfil all the provision of Section 41 of CrPC. And imposed a fine of Rs. He also says that the investigating agencies and courts should guard the laws made and should not allow an innocent person to suffer on baseless and evil allegations made by anyone. We all must have heard many cases related to the death caused to a woman for the demand for dowry. The death must be unnatural. They should not use a restrictive approach in the matter relating to dowry. The women should not misuse the very own Section which is made to protect her. A marriage performed within seven years before the death of the wife. It has noted that the offence of dowry death under Section 304B of the IPC cannot be made out if the cause of death has not been established as unnatural. As per Section 41 of The Code Of Criminal Procedure, 1973  the police officer while arresting any person without a warrant, be satisfied with the complaint registered against a person and fulfil all the provision of Section 41 of CrPC. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. Section 113B of the Indian Evidence Act, 1872. states about the Presumption as to Dowry Death. Not only dowry problems are the appropriate target of criminal law, but dowry-related violence often falls under the purview of criminal law. Failure to dowry legislation and rise in dowry death rates contributed to the 1983 and 1986 Statutory Amendment by introducing section 304(b) and section 498(a). Following is the synopsis of the provisions for dowry death under IPC: To fully eliminate it the people of the society has to understand that it is wrong. The relatives concerned, including husband, become liable. LATEST JUDGEMENT OF THE SUPREME COURT. The Court also noted that there was an alternate cause of death suggested by the doctors as Tuberculosis. 2. It is described as dowry death. https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. of the Indian Penal Code as voluntarily causing hurt to her daughter-in-law. Dowry Death – Section- 304-B IPC The provision of Dowry Death was added in the Indian Penal Code, 1860 in 1986 vide Criminal Law (Amendment) Act 43 of 1986. In the Supreme Court, a bench comprising Justices RF Nariman, K M Joseph and Aniruddha Bose set aside the High Court judgment and restored the acquittal awarded by the trial court. As a result of such comments and taunts by the appellants, she committed suicide and died due to the burn injuries. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person. You can click on this link and join: © Copyright 2016, All Rights Reserved. Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death. Though dowry is also practised by the literates in an underdeveloped area, it becomes a bit more difficult to make them understand the laws. 1 is the husband and his deceased wife Urmil. They started demanding several things from her which was not fulfilled by her. The trial court had acquitted them holding that the offence of dowry death was not proved. The Court acknowledged that there are decisions to the effect that mere failure to recover poison from the accused is not a ground for acquittal (as laid down in Bhupinder Singh v. State of Punjab). Dowry death means death of a Married woman in relation to dowry by her husband or relatives of his husband including his family members. Any willful conduct on a woman to cause her injury or to instigate her to commit suicide. Even if the girl complains to her parents about the torture she faces by the husband’s family the parents of the girl opt to compromise instead of bringing it to the light. of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death. Dowry Death – No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: SC. The High Court exceeded the settled position that an acquittal should not be interfered with by the appellate court merely for the reason that an alternate view was possible. Were it a case of forcible poisoning,by using a corrosive poison, there would been some marks.There are none.If it were forcible poisoning by using any kind of poison, there would be struggle and resistance from the victim. Section 304B Dowry death— (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called ‘dowry death’, … Then the court will assume such a person responsible for her death. The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death. Explanation.-For the purposes of this section “dowry death” shall have the same meaning as in section 304B, of the Indian Penal Code (45 of 1860)].” The definition of `dowry death’ is incorporated by reference to Section 304B of the IPC, which reads as under: “304B. rigorous imprisonment and Rs 200 fine in default more 3 months to his imprisonment will be added. In this case, the term ‘relative’ was analysed. Further, the provision is applicable if the following essentials are present in the offence committed- 1. Classification of Offence the offence u/s 304-B is Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry. The respondent Gurmit Singh was charged under Section 304B of IPC that he is the reason for the death caused to Gurujit Kaur wife of Paramjit Singh. Under Section 304-B (2) of IPC whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than 7 yrs. No matter how many laws the government makes it still can’t eradicate it fully from the society. | Powered by. And the case against them was registered. The State Of Punjab vs Gurmit Singh on 2 July 2014, Misuse of the provision and its Constitutionality. But the court said that he can be tried under other Section for the offence. As per Section 2 of the Dowry Prohibition Act,1961 which says that dowry is any property or valuable security directly or indirectly agreed to be given by-, (a) by one party to a marriage to the other party to the marriage; or. Section 498A of the Indian Penal Code defines cruelty. of the Indian Evidence Act,1872 states the presumption as to dowry death. And imposed a fine of Rs. Gradually the torture on her increased so much that the mother-in-law hit her with a sharp blade on her forehead causing a deep cut over there. A Bench of the Honorable Supreme Court of India in Sandeep Kumar and Others versus State of Uttarakhand and Another[1] held that the offence of dowry death under Section 304B of the Indian Penal Code[2] cannot be made out of death has not been established as unnatural. "It is to be noted that PW1 has admitted that there was no demand for dowry before or at the time of marriage. But with respect to the facts of the present case, the Court noted : "As far as the facts of the present case is concerned,we have noticed that there is absolutely no evidence relating to poison in relation to the deceased. Practising in the name of a so-called tradition that is dowry is seen existing in every place in India whether rural or urban. She did not fulfil the demands and was subjected to face torture and harassment by the appellants like commenting on her that she looks ugly etc. The prosecutor filed a case for torturing the deceased and subjected her to cruelty in order to make her bring more dowry. Dowry related offences under IPC There are four situations when a married woman is subjected to cruelty and harassment leading to the commission: 1) Cruelty of woman by husband or relatives. , a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. This means that if all the essentials ingredients of section 304-B of IPC has been fulfilled then a presumption can be raised of dowry death under section 113B of Indian Evidence Act,1872 that the accused has caused the dowry death. A case has been registered in Kotwali police station under Section 304 (punishment for culpable homicide not amounting to murder) of the Indian Penal Code and provisions of the Dowry Prohibition Act against six members of Shaista's in-laws, including her husband, on the directive of the magistrate court. In these circumstances, the presumption under Section 113B of the Evidence Act will not apply in the case. Dowry death is a non-bailable and cognizable offence. (3)that the accused had the poison in his possession, (4) that he had an opportunity to administer the poison to the deceased. The question before the Court must be whether the accused has committed the dowry death of a woman. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… The death was on 23.01.2011. It was held by the court that he cannot be charged under Section 304B as he is not the relative either by blood, adoption or by marriage of the deceased’s husband. Secondly, there is no evidence to show that the appellants had poison in their possession.The police did not recover any poison from the appellants or their house. Section 498A in its definition talks about relative and by this case, it has analysed the word ‘relative’ and it means a person who is a relative by blood, adoption or by marriage others will not fall under the category of relatives and cannot be held guilty under Section 304B but can be held guilty under other section if they have committed any other offence. Such cruelty or harassment was for or in connection with, any demand for d… They should not use a restrictive approach in the matter relating to dowry. In this case, the Court noted that there is no evidence at all that the deceased died of poisoning. Hence Section 498A is Constitutional. We must have seen people calling it a tradition or a custom to be followed in marriages taking place. Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. 6. Ingredients of the offence under Section 304B IPC. In this case, the petitioner under Article 32 of the Constitution challenged the validity of Section 498A of the Indian Penal Code to be Unconstitutional. Even the material (wiper)recovered,according to prosecution,and which allegedly was used to clean vomit of the deceased,did not disclose any poison". Holding that these factors were not established, the Supreme Court set aside the conviction and life sentence awarded by the Uttarakhand High Court to three persons (husband, father-in-law and mother-in-law of the deceased wife) under Section 304B IPC(Sandeep Kumar and others v State of Uttarakhand and others). By enacting strict laws in society it can be controlled but can’t put an end to it because of the unawareness of the laws in the society and also no support from the families. Therefore, dowry death is recognized to be one of the crimes committed against women. Despite making so many provisions practising of demand for dowry still not stopped. Death must occur within the seven years of marriage. If a woman dies in relation with any demand for dowry and it was shown that soon before her death she was subjected to harassment or cruelty by any person. of the Indian Penal Code defines cruelty. The provisions are – Many fake cases have been filed in misusing of the provision for its own motive or in order to give torture to the husband’s family. All the sentences should run simultaneously. The laws and support from society together can solve the issue. Also Section 113B of the Indian Evidence Act,1872 states the presumption as to dowry death. Dowry death as an offence was inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. What updates do you want to see in this article? The death of a woman should have been caused by burns or bodily injury or it should occur that the death is not caused under normal circumstances 2. Harassing a woman or any of her relative in order to make them fulfil their unlawful demands. The prosecution case was that the deceased had died of poisoning. The Indian Penal Code under defines it as- Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. With time it became a show-off concept in society and people started comparing it with others. Appellant No.2 and appellant No. Admittedly, there was no demand for dowry at the time of marriage. Sec 498A, IPC 2) Dowry Death 304B, IPC- 3) Intentional Death of woman- 302, IPC 4) Abatement of suicide of woman- 306, IPC 8. However under S 304B,it is dowry death that is punishable provided death occurred within seven years of marriage. From the ages, we have seen the demand for dowry but to stop dowry the demand for it should be understood properly by society so that it can prevent its practice. The court also held him guilty under Section 498A subjecting her to cruelty or harassment by passing comments on her looks and also taunting her to bring more dowry. The offence of dowry death has been inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. 3,000, failing to pay the fine will attract simple imprisonment for 1 month. 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