Theoretical overview
To understand the offense of dowry death, it is important to know as to what dowry means. Dowry is a payment of cash or gifts from bride’s family to the groom’s family upon marriage. This meaning of dowry is same as section 2 of dowry prohibition act. The Dowry Prohibition act was the first legislation to deal with the social evil of dowry which was passed in the year 1961.
The legislation was a huge failure which led to the criminal amendment act of 1986 in which dowdy death was recognized as an offence by the virtue of section 304B.
The offense under section 304B, defines dowry death is the death caused to women by burns or bodily injury or under unnatural circumstances within 7 years of marriage where it is shown that she was harassed or put to cruelty by husband or his relatives in relation of dowry. Punishment for the same is the imprisonment of either description which can extend to 7 years to life imprisonment and shall also be liable for fine.
It is important to note that dower or Mehr in case of Muslim person and any kind of reimbursement is not considered a dowry. This particular law applies to all the religious in India and has retrospective nature.
Essentials
- Death was caused by burn or bodily injury or otherwise then under unnatural circumstances
- It must be occurred within 7 years of marriage
- Women must be subject to cruelty or harassment by husband
- Cruelty or harassment must be in relation with the demand of dowry
- Such cruelty and harassment should have been subject soon before her death.
Offence of dowry death is non bailable, cognizable, non-compoundable and, is tribal by the court of sessions.
Also, with the criminal amendment act of 1986, section 113b was also included in the evidence act which states that the burden of proof is on accused to state that he has not done any kind of bodily injury or burns by harassment or cruelty on the wife.
Relevant sections
Section 2 of Dowry Prohibition Act – Definition of ‘dowry’. – In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—
(a) by one party to a marriage to the other party to the marriage; or
(b) 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
Section 304B of IPC – 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. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
Section 113B of Indian evidence act – Presumption as to dowry death.—When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry 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).]
Important case laws
Hansraj vs. State of Punjab – the supreme court held that the term normal circumstances apparently mean not be natural death.
Rameshwar Das vs. State of Punjab (2008) – It was held that a pregnant woman would not commit suicide unless her relationship with her husband comes to such a pass that she would be compelled to do so. The accused was liable to be convicted on failure to prove his defence.
Points to remember
- Dowry is a payment of cash or gifts from bride’s family to the groom’s family upon marriage
- The Dowry Prohibition act was the first legislation to deal with the social evil of dowry which was passed in the year 1961.
- The offense under section 304B, defines dowry death is the death caused to women by burns or bodily injury or under unnatural circumstances within 7 years of marriage where it is shown that she was harassed or put to cruelty by husband or his relatives in relation of dowry
- Offence of dowry death is non bailable, cognizable, non-compoundable and, is tribal by the court of sessions.
