Dowry Death IPC 304b

Article written by Advocate Alpa Jogi on Dowry Death IPC 304b

Dowry Death IPC 304b

Downy death and bride burning are unfortunate development of our societal setup. The lawmakers taking things note of the grave problem enacted a new provision to make the law pragmatic and practical. In 1986 a special provision Section 304B was inserted in the IPC to deal with dowry deaths. A simultaneous amendment was made in the Indian Evidence Act, 1872 in the form of Section 113B. The rule of evidence to prove the offense of dowry death is contained in Section 113B, Evidence Act providing for presumption as to dowry death.

The essentials of Section 304B are as follows:

(1) The death of a woman must be caused within by burns or bodily injury or otherwise than under normal circumstances

(2) The death must occur within 7 years of marriage.

(3) Woman must have been subjected to cruelty or harassment by her husband or his relatives.

(4) Cruelty or harassment should be in connection with the demand of dowry and soon before death.

(5) Such cruelty or harassment is shown to have been meted out to the woman soon before her death

Section 304B imposes a statutory obligation on a court to presume that the accused has committed the dowry death when the prosecution proves that:

(i) The death of his wife has occurred otherwise than under normal circumstances within seven years of her marriage; and

(ii) soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry.

If any accused wants to escape from the catch, the burden is on him, to disprove it. If he fails to rebut the presumption the court is bound to act upon it.

Dowry’s death is a non-bailable and cognizable offense.

Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.

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