Therefore, dowry death is recognized to be one of the crimes committed against women. Section 304B is a provision which is peculiar in its scope and applicability. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. It is described as dowry death. To fully eliminate it the people of the society has to understand that it is wrong. On August 9, 2020, they brutally beaten the deceased on account of non-fulfilment of demand of dowry resulting into injury around her neck. https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Hence Section 498A is Constitutional. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. 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. Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court, Sharad Birdhichand Sarda v. State of Maharashtra. And imposed a fine of Rs. They should not use a restrictive approach in the matter relating to dowry. Further, the provision is applicable if the following essentials are present in the offence committed- 1. Whether the demand asked for a refrigerator, scooter etc is a desire to acquire or a dowry demand. You can click on this link and join: © Copyright 2016, All Rights Reserved. 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. 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. 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. "It is to be noted that PW1 has admitted that there was no demand for dowry before or at the time of marriage. 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. The death must be unnatural. The trial court had acquitted them holding that the offence of dowry death was not proved. (2)that the deceased died of poison said to have been administered. The woman was subjected to cruelty or harassment by her husband or his relatives. When a woman enters into a union she has many salubrious expectations. Presumption as regard to dowry death has been defined under Section 113 B of the Indian Evidence Act, 1872. Urmil returned back to her parent’s house within a few days of her marriage and complained about the demands of dowry for refrigerator, scooter etc. 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). (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, at or before or any time after the marriage in connection with the marriage of the said parties. Pawan Kumar & Ors vs State Of Haryana on 9 February 1998, And under 306 IPC was sentenced to 4 years of, 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. Interestingly no such period is specified in S 498A. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. Subscribe to Live Law now and get unlimited access. 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. Harassing a woman or any of her relative in order to make them fulfil their unlawful demands. They should not use a restrictive approach in the matter relating to dowry. The case was registered against the accused namely her husband, father-in-law and mother-in-law. Appellant No.2 and appellant No. Section 498A of the Indian Penal Code defines cruelty. However, a mere possibility to misuse the provision should not invalidate the provision. , a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. of the Indian Penal Code defines cruelty. 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. 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). After her death, FIR was registered against the respondents under Section 306 and 498-A read with 109 IPC instead of Section 302 IPC. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B, IPC). 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. The marriage took place on 10.12.2009. 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. Practising in the name of a so-called tradition that is dowry is seen existing in every place in India whether rural or urban. 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. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Punishment will be imprisonment for three years and also will be liable to pay fine. Death must occur within the seven years of marriage. In the name of tradition which has to be followed by the bride’s family give valuables to the groom’s family. Therefore, dowry death is recognized to be one of the crimes committed against women. This article is written by Kashish Kundlani, a third-year student of (BBA.LL.B) Ramaiah Institute of Legal Studies, Bangalore. 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. 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. (3)that the accused had the poison in his possession, (4) that he had an opportunity to administer the poison to the deceased. The FSL report categorically rules out the presence of any poison. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. Is Dowry death a bailable and a cognizable offence? 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. but which may extend to imprisonment for life. 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. 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 … 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. Dowry death is defined in Section 304B of the Indian Penal Code, 1860. A marriage performed within seven years before the death of the wife. 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 accused were not found in possession of poison. 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. Not only dowry problems are the appropriate target of criminal law, but dowry-related violence often falls under the purview of criminal law. The women should not misuse the very own Section which is made to protect her. 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. Section 113B of the Indian Evidence Act, 1872. states about the Presumption as to Dowry 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. And deserve to be a dignified status in society. Then the court will assume such a person responsible for her death. 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. We all must have heard many cases related to the death caused to a woman for the demand for dowry. Earlier people had a preconceived notion that giving dowry will build up a good reputation in the society. But the court said that he can be tried under other Section for the offence. Ingredients of the offence under Section 304B IPC. Thinking that it will build a reputation in society. The prosecutor filed a case for torturing the deceased and subjected her to cruelty in order to make her bring more dowry. 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