They should not use a restrictive approach in the matter relating to dowry. Whether the demand asked for a refrigerator, scooter etc is a desire to acquire or a dowry demand. The petitioner says the investigating agencies and courts should analyse the case properly and should not start with a presumption that the accused persons are guilty. "It is to be noted that PW1 has admitted that there was no demand for dowry before or 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. Practising in the name of a so-called tradition that is dowry is seen existing in every place in India whether rural or urban. All the sentences should run simultaneously. Dowry death as an offence was inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. Section 113B of the Indian Evidence Act, 1872 states about the Presumption as to Dowry Death. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B, IPC). of the Indian Evidence Act,1872 states the presumption as to dowry death. 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 … We all must have heard many cases related to the death caused to a woman for the demand for dowry. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. The Supreme Court has 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 … 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. 3,000, failing to pay the fine will attract simple imprisonment for 1 month. In the case of Kaliyaperumal v. State of T.N.,four essentials were given based on which this section can be applied: 1. 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. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. They started demanding several things from her which was not fulfilled by her. 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. Dowry Death – No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: SC. Classification of Offence the offence u/s 304-B is Dowry death and Punishment for Dowry Death under Indian Penal Code is defined under Section 304B of Indian Penal Code 1860. 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. 3,000, failing to pay the fine will attract simple imprisonment for 1 month. The groom’s family voluntarily ask for dowry by giving reasons that their son is placed in a good job and they have a lot of reputation etc. Section 304Bof 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. "Section 113B of Evidence Act may not apply in this case for the reason that in order that Section 113B applies, there must be evidence that soon before the death of the person, which proves that the person,who is alleged to have caused death,treated the deceased with cruelty or harassed her or in connection with a demand of dowry"(Para 63). The cruelty or harassment on her should be in connection with the demand for dowry. Section 304- B has been inserted with a view to curb the growing atrocities against women, where thousands of young women were … 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). Pawan Kumar appellant No.1 under Section 304B was sentenced to 7 years of rigorous imprisonment and liable to pay fine of Rs 500 and in default of paying fine 6 months will be added to his imprisonment. 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. Dowry death— (i) 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. 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’, … The Court in this case settled that for a conviction under Section 304B, it is necessary to be shown that he deceased was subjected to harassment and or … In order to prohibit the repeated occurrences of this crime, the Dowry Prohibition Act, 1961 and Section 304B, Section 498A under Indian Penal Code, 1860 were introduced. The top court concluded that the High Court erred in reversing the acquittal of the trial court. 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. Every deviation from such limits could indeed result in grave injustice requiring correction to prevent miscarriage of justice. 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. of the Indian Penal Code defines cruelty. Dowry death means death of a Married woman in relation to dowry by her husband or relatives of his husband including his family members. Further, the provision is applicable if the following essentials are present in the offence committed- 1. Death must occur within the seven years of marriage. The petitioner says the investigating agencies and courts should analyse the case properly and should not start with a presumption that the accused persons are guilty. And imposed a fine of Rs. https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. In order to prohibit the repeated occurrences of this crime, the Dowry Prohibition Act, 1961 and Section 304B, Section 498A under Indian Penal Code, 1860 were introduced.Following is the synopsis of the provisions for dowry death under IPC: With time it became a show-off concept in society and people started comparing it with others. It must be revealed that soon before her marriage she was exposed to cruelty or harassment by her husband or any other relative. 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. Even the material (wiper)recovered,according to prosecution,and which allegedly was used to clean vomit of the deceased,did not disclose any poison". 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. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Explanation: for this section “dowry death” shall have the same meaning as in Section 304-B of Indian Penal Code (45 of 1860).The ingredients of the offence under Section 304-B have been stated and restated in many judgments. at or before or any time after the marriage in connection with the marriage of the said parties. The death must be unnatural. The respondent argued that he could not be charged with the offence of Section 304B as he is not the relative of the deceased. Therefore, dowry death is recognized to be one of the crimes committed against women. (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 … In underdeveloped areas, the literacy rate is very less and people are unaware of the laws relating to dowry, which led to the increased demand for dowry by the others. The learned counsel of the appellant argued that the mere desire to acquire a refrigerator, scooter etc. 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. 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. 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. That angle was not explored by the investigating officer, the Court noticed. Whether she was subjected to any cruelty or harassment soon before her death and the same was in connection with the demand for dowry. Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death if, it is shown that soon before her death, she was subjected by such person for cruelty or harassment for or in connection with demand for dowry"(Paragraph 36). The Supreme Court has 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. When a woman enters into a union she has many salubrious expectations. In this case, the term ‘relative’ was analysed. A marriage performed within seven years before the death of the wife. Dowry Death (Section 304-B, Indian Penal Code, 1860) 1) Introduction In 1986 a new offence known as dowry death was inserted in the Indian Penal ode by the Virtue of Section 304-B. 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. 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. She would expect to be a mother someday and then expect to be mother-in-law,grand-mother and so on. 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 Section 324 of the Indian Penal Code as voluntarily causing hurt to her daughter-in-law. She would like to a happy married life. 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. LATEST JUDGEMENT OF THE SUPREME COURT. Dowry death is a non-bailable and cognizable offence. Cognizable Offences- Offence in which the police have the authority to arrest any person without any warrant and also has the authority to start an investigation with or without any permission of the magistrate by filing FIR. 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. 3. The petitioner says that the offence is made to protect women against dowry and not for misusing it against the innocent family members as a weapon. 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. 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. Hence Section 498A is Constitutional. What updates do you want to see in this article? Also Section 113B of the Indian Evidence Act,1872 states the presumption as to dowry death. , a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. 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. The provisions Under Section 304B of Indian Penal Code are more stringent than provided under Section 498A of … ThoughPW1, PW3, PW4 and PW6 have spoken about harassment on account of dowry, the learned Sessions Judge did not find material reliable. Bailable Offences- Offences in which the permission from the court to release the arrested person is not required. There was evidence of the victim undergoing treatment for Tuberculosis. Despite making so many provisions practising of demand for dowry still not stopped. Indian Penal Code, 1860. LAWS RELATED TO DOWRY DEATH UNDER IPC, Dowry death has been defined under Section 304 B of the Indian Penal Code, 1860. Death should have occurred … 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. And the case against them was registered. All these are worn out by the cruel hands of dowry-related deaths. And deserve to be a dignified status in society. Interestingly no such period is specified in S 498A. 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. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. 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). The Supreme Court held that this allegation was not proved on account of the following circumstances : In this connection, the Court referred to the circumstances necessary to prove death by poisoning, as laid down in Sharad Birdhichand Sarda v. State of Maharashtra and Anant Chintamun Lagu v State of Bombay: (1) there is a clear motive for an accused to administer poison to the deceased. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. Appellant No.2 and appellant No. The laws and support from society together can solve the issue. The respondent was the brother of Paramjit’s aunt and cannot be said that he is the relative of the deceased’s husband. It’s very disgraceful for a society where a woman dies for not being able to give dowry and also very shameful where dowry is still being practised. 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. In this case, the couple was married and after 5-6 months of their marriage husband, sister-in-law and mother-in-law started taunting the wife of the husband for bringing less dowry. 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. 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. The arrested person by fulfilling the necessary requirements can be released and the police cannot refuse the person. 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. We must have seen people calling it a tradition or a custom to be followed in marriages taking place. In the name of tradition which has to be followed by the bride’s family give valuables to the groom’s family. Moreover, they administered poison to her thereby causing her death. And under 306 IPC was sentenced to 4 years of rigorous imprisonment and a fine of Rs 200 and in default of the payment 3 months will be added to his imprisonment and also held him guilty under Section 498A sentenced him for 2 years rigorous imprisonment and Rs 200 fine in default more 3 months to his imprisonment will be added. The death was on 23.01.2011. But the court said that he can be tried under other Section for the offence. There were variations in the statements as to when the alleged demand for Rs 10 lakhs was made by the husband. Any willful conduct on a woman to cause her injury or to instigate her to commit suicide. 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. Subscribe to Live Law now and get unlimited access. Further, it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with the demand for dowry soon before her death. In this case, the Court noted that there is no evidence at all that the deceased died of poisoning. They after some time Shifted to Sonepat (Harayana). They should not use a restrictive approach in the matter relating to dowry. 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. 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). Before or at the time of marriage Instagram and subscribe to our YouTube channel for amazing. The presence of any poison can not refuse the person Prohibition ( Amendment ) Act, 1872. about! 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