Cancellation of Bail in Dowry Death Cases

Source: Supreme Court 

Why in News? 

The bench of Justices B.V. Nagarathna and R. Mahadevan in the case of Yogendra Pal Singh v. Raghvendra Singh Alias Prince and Another (2025) cancelled bail granted to the accused husband in a dowry death case, emphasizing that judicial passivity or misplaced leniency in such cases would embolden perpetrators and undermine public confidence in the administration of justice. 

What was the Background of Yogendra Pal Singh v. Raghvendra Singh Alias Prince and Another (2025) Case? 

• The appellant's daughter Aastha was married to the accused Raghvendra Singh on 22nd February 2023 according to Hindu rites and rituals. 
• At the time of marriage, the appellant provided approximately Rs. 22 lakhs in cash, articles worth Rs. 10 lakhs, and jewellery worth Rs. 15 lakhs to the accused's family. 
• Soon after marriage, the deceased was allegedly subjected to cruelty and harassment by the accused and his family members demanding a Fortuner car as additional dowry. 
• The deceased died on 5th June 2023, within four months of marriage, in suspicious circumstances by allegedly consuming poison. 
• During a family function on 4th June 2023, there was a quarrel between the accused and the deceased, and later that night the deceased called her elder sister in distress, stating that the accused and his relatives had forcibly administered a foul-smelling substance to her. 
• The deceased was taken to Sadar Hospital, Fatehpur, where froth was found emanating from her mouth, and she expired while being shifted to Kanpur. 
• The post-mortem examination revealed an abrasion on the left forearm, and the Forensic Science Laboratory report confirmed the presence of aluminium phosphide poison. 
• FIR No. 415 of 2023 was registered on 15th June 2023 under Sections 498A, 304B, 120B, and 328 IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. 
• The accused was arrested only on 22nd September 2023, after a delay of 104 days from lodging the FIR. 
• A chargesheet was filed on 30th October 2023 against only the accused husband, excluding other named in-laws. 
• The Sessions Court rejected the bail application on 20th October 2023, but the High Court of Allahabad granted bail on 9th January 2025. 
• The appellant, being the father of the deceased, filed an appeal before the Supreme Court seeking cancellation of bail. 

What were the Court's Observations? 

• The Court held that the appellant, being the father of the deceased, possessed the requisite locus standi to maintain the appeal seeking cancellation of bail, as the unnatural death of his daughter within four months of marriage directly affected his rights as a complainant. 
• The Court distinguished between annulment of bail (due to legal infirmity in the order) and cancellation of bail (due to post-bail misconduct or supervening circumstances). 
• The Court noted that bail granted without due application of mind to relevant factors such as the gravity of the offence, prima facie evidence, or antecedents of the accused may be annulled. 
• The Court emphasized that the marriage took place on 22nd February 2023 and death occurred on 5th June 2023, i.e., within four months of marriage, thereby satisfying the foundational requirements of Section 304B IPC. 
• The dying declarations made by the deceased to her father and elder sister, coupled with consistent testimony of relatives and post-mortem noting of an abrasion suggestive of restraint, established prima facie case against the accused. 
• The Court observed that the statutory presumption under Section 113B of the Indian Evidence Act, 1872 arises inexorably against the accused once it is established that the death occurred within seven years of marriage preceded by dowry-related cruelty. 
• The Court emphasized that dowry death is not merely an offence against an individual but a crime against society at large, striking at the very root of human dignity and violating constitutional guarantees under Articles 14 and 21. 
• The Court observed that the phenomenon of dowry deaths represents one of the most abhorrent manifestations of social malaise, where the life of a young woman is extinguished solely to satisfy the insatiable greed of others. 
• The Court allowed the appeal, set aside the High Court's order, and cancelled the bail granted to the accused, directing him to surrender to custody forthwith. 
• The Court clarified that the judgment was confined to the issue of cancellation of bail, and the trial shall proceed independently on its own merits in accordance with law.

What is the Dowry Prohibition Act, 1961? 

About: 

• Indian law, enacted on May 1, 1961, intended to prevent the giving or receiving of a dowry. 
• In this act, dowry means any property or valuable security given or agreed to be given either directly or indirectly. 
• The original text of the ‘Dowry Prohibition Act’ was widely judged to be ineffective in curbing the practice of dowry.  
• Specific forms of violence against women continued to be linked to a failure to meet dowry demands.  In 1984, it was changed to specify that presents given to a bride or a groom at the time of a wedding are allowed.  
• The law required, that a list be maintained describing each gift, its value, the identity of the person giving it, and the person’s relation to either party to the marriage.  
• The act and relevant sections of the Indian Penal Code,1860(IPC) were further amended to protect female victims of dowry-related violence.  
• Another layer of legal protection was provided in 2005 under the Protection of Women from Domestic Violence Act. 
• The Indian Penal Code,1860 was also modified in 1983 to establish specific crimes of dowry-related cruelty, dowry death, and abetment of suicide. 
• These enactments punished violence against women by their husbands or their relatives when proof of dowry demands, or dowry harassment could be shown. 

Penalties: 

• Giving and taking dowry:  
  • According to Section 3 of Dowry Prohibition Act, 1961 ,if any person after the commencement of the act gives or takes, abets the giving or taking of dowry shall be punished with an imprisonment for a term not less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of the value of dowry, whichever is more. 
• Demanding dowry:  
  • According to Section 4 of the act if any person directly or indirectly demands dowry from the parents, relatives or guardians of the bride or the bridegroom shall be punished with an imprisonment of not less than six months and which shall extend to two years and with fine which may extend to ten thousand rupees. 
• Ban on Advertisement: 
  • According to Section 4-A, the advertisement in any newspaper, journal or through any other medium or a share in the property, business, money, etc. by any person in consideration for marriage shall be punished with an imprisonment which shall not be less than six months and which may extend to five years or with fine which may extend to fifteen thousand rupees.