dowry death under ipc

Any willful conduct on a woman to cause her injury or to instigate her to commit suicide. Section 304B is a provision which is peculiar in its scope and applicability. Despite making so many provisions practising of demand for dowry still not stopped. Dowry death is a non-bailable and cognizable offence. 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). They started demanding several things from her which was not fulfilled by her. 6. Section 2 of the Dowry Prohibition Act,1961, says that dowry is any property or valuable security directly or indirectly agreed to be given by-, by one party to a marriage to the other party to the marriage; or. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. Dowry death means death of a Married woman in relation to dowry by her husband or relatives of his husband including his family members. 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. The relatives concerned, including husband, become liable. She would like to a happy married life. 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. The woman was subjected to cruelty or harassment by her husband or his relatives. Presumption as regard to dowry death has been defined under Section 113 B of the Indian Evidence Act, 1872. The case was registered against the accused namely her husband, father-in-law and mother-in-law. The judgment authored by Justice K M Joseph explained the ingredients of the offence under Section 304B IPC as follows : "The ingredients of the offence are well-settled. Section 113B of the Indian Evidence Act, 1872. states about the Presumption as to Dowry Death. A marriage performed within seven years before the death of the wife. 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. Subscribe to Live Law now and get unlimited access. It was held by the Court that Demand for dowry itself is an offence under Section 304B and to be an offence under this it does not requires that an agreement for it should be necessarily present. 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. Hence Section 498A is Constitutional. , a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. 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 498A of the Indian Penal Code defines cruelty. 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. Therefore, dowry death is recognized to be one of the crimes committed against women. Therefore, dowry death is recognized to be one of the crimes committed against women. Then the court will assume such a person responsible for her death. 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. Every deviation from such limits could indeed result in grave injustice requiring correction to prevent miscarriage of justice. 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. 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. Death should be caused by burns or bodily injury or by any other circumstances. (3)that the accused had the poison in his possession, (4) that he had an opportunity to administer the poison to the deceased. Death should have occurred … In this case, the term ‘relative’ was analysed. Practising in the name of a so-called tradition that is dowry is seen existing in every place in India whether rural or urban. 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 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). In the name of tradition which has to be followed by the bride’s family give valuables to the groom’s family. 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: However, a mere possibility to misuse the provision should not invalidate the provision. 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. Such cruelty or harassment was for or in connection with, any demand for d… 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. The trial court had acquitted them holding that the offence of dowry death was not proved. Bailable Offences- Offences in which the permission from the court to release the arrested person is not required. 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. Dowry death is defined in Section 304B of the Indian Penal Code, 1860. Dowry death as an offence was inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. The Trial Court has the advantage of watching the demeanor of the witnesses". The women should not misuse the very own Section which is made to protect her. With time it became a show-off concept in society and people started comparing it with others. 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 top court concluded that the High Court erred in reversing the acquittal of the trial court. The marriage took place on 10.12.2009. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. When a woman enters into a union she has many salubrious expectations. 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. at or before or any time after the marriage in connection with the marriage of the said parties. She would expect to be a mother someday and then expect to be mother-in-law,grand-mother and so on. 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. 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. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. The menace of dowry custom has reached far down in society. rigorous imprisonment and Rs 200 fine in default more 3 months to his imprisonment will be added. Punishment will be imprisonment for three years and also will be liable to pay fine. (2)that the deceased died of poison said to have been administered. 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 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. of the Indian Penal Code as voluntarily causing hurt to her daughter-in-law. 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. This article is written by Kashish Kundlani, a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. After her death, FIR was registered against the respondents under Section 306 and 498-A read with 109 IPC instead of Section 302 IPC. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. In this case, the Court noted that there is no evidence at all that the deceased died of poisoning. 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. It must be revealed that soon before her marriage she was exposed to cruelty or harassment by her husband or any other relative. http://www.aaptaxlaw.com/IPC/section-304b-ipc-dowry-death-punishment-for-dowry-death-sec-304b-of-indian-penal-code-1860.html, http://www.legalserviceindia.com/legal/article-1245-dowry-and-dowry-death.html, http://lighttheminds.com/causes-of-dowry-system-social-effects-and-how-to-stop/, Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, Women-centric laws : consequences faced by males, Analysis of the enforcement of the decree against legal representatives, Brief study of Protection of Women from Domestic Violence Act and its obligations. Harassing a woman or any of her relative in order to make them fulfil their unlawful demands. It is to be noted that the version about the demand for Rs.10 lakhs is found wholly unacceptable. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… 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. It is described as 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. 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. 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. 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. The cruelty or harassment on her should be in connection with the demand for dowry. Earlier people had a preconceived notion that giving dowry will build up a good reputation in the society. Under section 498-A of IPC cruelty by itself amounts to an offence whereas under section 304-B the offence is of dowry death and the death must have occurred during the course of seven years of marriage. Section 304- B has been inserted with a view to curb the growing atrocities against women, where thousands of young women were … | Powered by. Whether the demand asked for a refrigerator, scooter etc is a desire to acquire or a dowry demand. 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. The women should not misuse the very own Section which is made to protect her. 2. but which may extend to imprisonment for life. On August 9, 2020, they brutally beaten the deceased on account of non-fulfilment of demand of dowry resulting into injury around her neck. Thinking that it will build a reputation in society. 3,000, failing to pay the fine will attract simple imprisonment for 1 month. Admittedly, there was no demand for dowry at the time of marriage. Regarding the limitations on interference in appeal, the Court observed : "It is well to remember that while the search of the truth and adjudicatory function of the judiciary are not strange bedfellows, these self-imposed limitations on the pursuit are based on the nature of jurisdiction. The death was on 23.01.2011. 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. 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. 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. We all must have heard many cases related to the death caused to a woman for the demand for dowry. 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 … 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. 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 trial court also had held that since the allegation was that the husband sought Rs 10 lakhs for building a house on condition that he will pay it back, it cannot be regarded as dowry. But the court said that he can be tried under other Section for the offence. However, the High Court reversed the acquittal on an appeal filed by the father of the deceased woman. Indian Penal Code, 1860. 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. 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’, … 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. 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. The learned counsel of the appellant argued that the mere desire to acquire a refrigerator, scooter etc. To fully eliminate it the people of the society has to understand that it is wrong. They should not use a restrictive approach in the matter relating to dowry. Appellant No. Then the court will assume such a person responsible for her death. Posted in: Family Law. 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. There was evidence of the victim undergoing treatment for Tuberculosis. 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. 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. As a result of such comments and taunts by the appellants, she committed suicide and died due to the burn injuries. 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