Presumption as to Dowry Death

Introduction

Section 113 B of the Indian Evidence Act,1872 (IEA) deals with the presumption as to dowry death which is defined in Section 304 B of the Indian Penal Code, 1860 (IPC). This section was added by the Dowry Prohibition (Amendment) Act, 1986 in order to provide speedy justice in case of dowry deaths.

Dowry

• Dowry is defined under Section 2 of the Dowry Prohibition Act, 1961 as any property or valuable security given to one party of a marriage by the other.
• This property can be given before, during or after the marriage.
• This act also states that dowry here is not Dower or Mahr as defined under the Muslim Personal Laws.

Dowry death

• Section 304B of IPC deals with dowry death.
• It states that 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.

Presumption as to Dowry Death

• Whenever there is a question of dowry death and if it is proven that the woman has been subjected to cruelty or harassment soon before her death in relation to any demand of dowry. The court shall presume that such person had caused the dowry death under Section 304B of IPC.
• In such cases, the prosecution has to prove that dowry death has occurred, and then the burden of proof shifts on the accused to prove his innocence.

Essentials Condition to Draw the Presumption as to Dowry death

• The presumption of dowry death will be raised only on the proof of the following essentials.
  • The question before the court must be whether the accused has committed dowry death.
  • The woman was subjected to cruelty or harassment by her husband or his relatives.
  • Such cruelty or harassment was for or in connection with any demand for dowry.
  • Such cruelty or harassment was soon before her death.
  • It should have occurred during the first seven years of her marriage.

Nature of Presumption

• Section 113B of IEA uses the word shall and not may and so it is a presumption of law.
• It becomes obligatory on the court to raise a presumption that the accused caused the dowry death.

Case Laws

• In Shanti v. State of Haryana (1990), the Supreme Court decided that Sections 304B and 498A are not mutually exclusive. The Court has ruled that in order to convict someone accused of causing dowry death, the prosecution must present evidence proving that the dowry demand was accompanied by acts of harassment and cruelty.
• In Satbir Singh & Ors. v. the State of Haryana (2021), the Supreme Court held that the phrase ‘soon before’ as used in Section 304B cannot be understood to mean ‘exactly before’, the judgement stated.