Dowry Death

Introduction

• The term ‘dowry’ has not been defined in Indian Penal Code,1860 (IPC) but in ‘Dowry Prohibition Act, 1961’.
• According to the act, it has been defined as any property or valuable security given or agreed to be given directly or indirectly:
  • By one party to a marriage to the other party to a marriage or
  • By the parents of either party to a marriage or by any other person to either party to the marriage or any other person at or before or any time after (on three occasions) the marriage in connection with the marriage of the said parties.
• Dowry death is defined under Section 304B of Indian Penal Code, 1860 whereas Section 113B of the Indian Evidence Act,1872 states the presumption as to dowry death.

Dowry Death under IPC (Section 304B)

• “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 dowry death.”

Essentials of Section 304B

• The death of a woman must be caused within by burns or bodily injury or otherwise than under normal circumstances.
• The death must occur within 7 years of marriage.
• Woman must have been subjected to cruelty or harassment by her husband or his relatives.
• Cruelty or harassment should be in connection with the demand of dowry and soon before death.
• Such cruelty or harassment is shown to have been meted out to the woman soon before her death.

Punishment

• Under Section 304-B (2) of Indian Penal Code, 1860(IPC) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less that 7 years, but which may extend to imprisonment for life.

Related Provisions

Section 498A of IPC: Cruelty

• This provision defines cruelty as "whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

Section 113B of the Evidence Act,1872

• Section 113B of the Indian Evidence Act, 1872(IEA) talks about the ‘Presumption as to dowry death’. If a woman dies about any demand for dowry and it was shown that soon before her death she was subjected to harassment or cruelty by any such person. Then the court shall presume that such person had caused such dowry death.
• Section 113B uses the word “shall” thus it is a presumption of law. On proof of the essentials mentioned above, it becomes obligatory for the court to raise a presumption that the accused caused the ‘dowry death’. The court has no discretion to draw the presumption under this section if the essential ingredients are proved then they are bound to draw this presumption under Section 113B of the Indian Evidence Act,1872(IEA).
• Section 304B is an integral part of Section 113B of the Indian Evidence Act, 1872. Cruelty need not be confined to physical cruelty. Even mental torture in a given case would be a case of cruelty or harassment under Section304B and 498A.

Case Laws

• Shanti v. State of Haryana (1990):
  • Supreme Court held that ‘the death of a woman took place within seven years of marriage, the in-laws of the deceased did not inform the deceased’s parents about the death and hurriedly cremated the deceased. The prosecution succeeded in establishing cruel treatment towards the victim. The death could not be said to be a natural death and the presumption under Section 113B of the Indian Evidence Act, 1872 was attracted.
• Gurmeet Singh v. State of Punjab (2021):
  • This case was relating to dowry death, wherein it was contended from the accused side that without any charges under Section 498A, IPC (cruelty), a conviction under Section 304-B, IPC (dowry death) cannot be sustained.
  • Supreme Court stated that “although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution. If a case is made out, there can be a conviction under both the sections”.

Conclusion

Dowry death and bride burning are symptoms of peculiar social malady and are an unfortunate development of our societal setup. The lawmakers taking 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, IEA providing for presumption as to dowry death.