3,000, failing to pay the fine will attract simple imprisonment for 1 month. Moreover, they administered poison to her thereby causing her death. 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 not been established as unnatural. No traces of poison were found in the body of the deceased or in the crime scene. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. 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. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. The Trial Court has the advantage of watching the demeanor of the witnesses". In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. 3 the court here gave them the benefit of doubt and acquitted them. 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 … He also says that the investigating agencies and courts should guard the laws made and should not allow an innocent person to suffer on baseless and evil allegations made by anyone. Indian Penal Code, 1860. A marriage performed within seven years before the death of the wife. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. Such cruelty or harassment was for or in connection with, any demand for d… 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. https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. Expl… The Indian Penal Code under defines it as- Dowry death.—(1) 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. The top court concluded that the High Court erred in reversing the acquittal of the trial court. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. 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. Dowry death— (i) 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. The court held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with … The judgment authored by Justice K M Joseph explained the ingredients of the offence under Section 304B IPC as follows : "The ingredients of the offence are well-settled. We must have seen people calling it a tradition or a custom to be followed in marriages taking place. However under S 304B,it is dowry death that is punishable provided death occurred within seven years of marriage. The women should not misuse the very own Section which is made to protect her. Appellant No.2 and appellant No. (3)that the accused had the poison in his possession, (4) that he had an opportunity to administer the poison to the deceased. All these are worn out by the cruel hands of dowry-related deaths. The respondent argued that he could not be charged with the offence of Section 304B as he is not the relative of the deceased. The respondent Gurmit Singh was charged under Section 304B of IPC that he is the reason for the death caused to Gurujit Kaur wife of Paramjit Singh. 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. Subscribe to Live Law now and get unlimited access. | Powered by. 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. Earlier people had a preconceived notion that giving dowry will build up a good reputation in the society. Interestingly no such period is specified in S 498A. 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). You can click on this link and join: © Copyright 2016, All Rights Reserved. Following is the synopsis of the provisions for dowry death under IPC: (2)that the deceased died of poison said to have been administered. Then the court will assume such a person responsible for her death. of the Indian Penal Code defines cruelty. Even the material (wiper)recovered,according to prosecution,and which allegedly was used to clean vomit of the deceased,did not disclose any poison". Section 113B of the Indian Evidence Act, 1872. states about the Presumption as to Dowry Death. They should not use a restrictive approach in the matter relating to dowry. She would like to a happy married life. Appearances : Siddharth Dave, Senior Advocate for appellants; Krishnam Mishra, Advocate for the State; Sanjay Kumar Dubey, Advocate for the informant. (1) 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 … 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. 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 … Further, it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with the demand for dowry soon before her death. Section 113B of the Indian Evidence Act, 1872 states about the Presumption as to Dowry Death. Not only dowry problems are the appropriate target of criminal law, but dowry-related violence often falls under the purview of criminal law. The Court in this case settled that for a conviction under Section 304B, it is necessary to be shown that he deceased was subjected to harassment and or … She did not fulfil the demands and was subjected to face torture and harassment by the appellants like commenting on her that she looks ugly etc. The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death. Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry. "It is to be noted that PW1 has admitted that there was no demand for dowry before or at the time of marriage. The issue, in this case, is what preventive measures should be taken if a woman misuses this provision. Since time immemorial we have seen so many offences against women, where they are tortured and one such offence is dowry death. In this case, the petitioner under Article 32 of the Constitution challenged the validity of Section 498A of the Indian Penal Code to be Unconstitutional. Excess of jurisdiction can have very serious repercussions, particularly when, what is involved is, personal liberty, which is inevitably at stake in a criminal trial", Title : Sandeep Kumar and others v State of Uttarakhand and others (SLP(Crl) No.1512-1513 of 2017), Coram : Justices R F Nariman, K M Joseph and Aniruddha Bose. The said parties present in the matter relating to dowry subscribe to our YouTube channel for more amazing content! A marriage performed within seven years of marriage now and get unlimited access knowledge referrals. For Tuberculosis offences against women the crimes committed against women subjected her to cruelty or by... Section 302 IPC argued that he could not be charged with the for! Where they are tortured and one such offence is dowry is seen existing in every place in India whether or. 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