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DOWRY DEATH UNDER IPC (SEC-304-B)
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2. DOWRY
Literal Meaning
A dowry (also known as trousseau or tocher) is the money, goods, or
estate that a woman brings to her husband in marriage.
Dowry (Dahej/Hunda) as we all know is paid in cash or kind by the
bride's family to the groom' s family alongwith the giving away of
the bride (Kanya-dana). The ritual of Kanya-dana is an essential
aspect in Hindu marital rites.
Kanya = daughter, dana = gift.
The word 'Hunda' appears to be derived from 'Handa' which means a
pot. This could be due to the now extinct practice of offerring
dowry in a pot.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
3. Emergence of Dowry
Originally, the purpose of a dowry was to help a husband to feed
and protect his family.
Even in the oldest available records, such as the Code of
Hammurabi, the dowry is described as an already-existing
custom.
Regulations surrounding the custom include: the wife being entitled
to her dowry at her husband's death as part of her dower, her dowry
being inheritable only by her own children, not by her husband's
children by other women.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
4. Cont.
A woman not being entitled to a (subsequent) inheritance if her
father had provided her dowry in marriage.
If a woman died without sons, her husband had to refund the dowry
but could deduct the value of the bride price; the dowry would
normally have been the larger of the sums.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
5. Dowry practice in Europe
.
BRIDE - PRICE: Bride price, also known as bride wealth, is an
amount of money or property or wealth paid by the groom or his
family to the parentsof a woman upon the marriage of their daughter
to the groom.
The bride price or ketubah may be seen as related to present-day
customs of maintenancefor the wife in the event of the breakup of
marriage, and family maintenance in the event of the husband not
providing adequately for the wife in his will. Another function
performed by the ketubah amount was to provide a disincentive for
the husband to divorce his wife: he would need to have a certain
amount to be able to pay to the wife.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
6. Dowry practice in Africa
In parts of Africa, a traditional marriage ceremony depends on
payment of a bride price to be valid. The amount can vary from a
token to a great sum.
Lobola is a similar tradition in southern Africa. The MIFUMI
Project in Africa held a referendum in Tororo, Uganda in 2001 on
whether a bride price should be a non-refundable gift. In 2004 it
held an international conference on the bride price in Kampala,
Uganda. It also issued a preamble position in 2008.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
7. Dowry practice in Asia
Dowry is very popular in Asia. Its structure varies from place to
place
In traditional Chinese culture, an auspicious date is selected to
Ti Qin (literally meaning "propose marriage"), The groom and a
matchmaker will visit the bride's family bearing gifts like wedding
cakes, sweetmeats and jewelry, as well as the bride price.
In Thailand, bride price (locally known as sin sot and often
erroneously referred to by the English term "dowry") and is common
in both Thai-Thai and Thai-foreign marriages.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
8. Dowry practice in India
Dowry which is practiced in India is the payment in cash or/and
kind by the brides family to the bridegroom s family along with the
giving away of the bride (called Kanyadaan) in Indian
marriage.
Kanyadanam is an important part of Hindu marital rites. Kanya means
daughter, and dana means gift. Dowry first came from upper class
families as the wedding gifts from the brides family to her to help
her family or to the husband for his needs.
Dowry evolved into a type of insurance that was offered along with
money for the wedding. Dowry started in ancient times as
varadakshina and still goes on today.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
9. KANYADAAN
10. Social Effects of Dowry
Breach of trust
Dowry-related Wife Abuse and Murder.
Female Infanticide.
Mental effects on offspring's.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
11. INDIAN DOWRY LAWS
The Dowry Prohibition Act, 1961
The 91st Report of the Law Commission of India
91st Report on Dowry Death and Law Reform 1983
Amending the Hindu Marriage Act, 1955,
Indian Penal Code, 1860
Indian Evidence Act, 1872
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
12. LEGAL MEANING OF DOWRY
Section 2 of the Dowry Prohibition Act, 1961, defines dowry as any
property or valuable security given or agreed to be given either
directly or indirectly
13. By the parents of either party to a marriage or by any other
person, to either party to the marriage or to any other person; at
or before dower.PrachiChaturvedi,PrasanjeetSingh,PratikP.
Choudharyand Praveen Kumar (KLS)
14. In S. Gopal Reddy v. State of Andhra Pradesh the Supreme Court
observed that:
The legislature has emphasized that any money, property or valuable
security given, as a consideration for marriage, before, at or
after the marriage would be covered by the expression dowry and
this definition as contained in Section 2 has to be read wherever
the expression dowry occurs in the Act. Under Section 4 of the Act,
mere demand of dowry is sufficient to bring home the offence of an
accused.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
15. SECTION 304-B
(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.
(2) Whoever commits dowry death shall be punished with imprisonment
for a term which shall not be less than seven years but which may
extend to imprisonment for life.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
16. SECTION 498-A
Husband or relative of husband of a woman subjecting her to cruelty
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.
17. Harassment of the woman where such harassment is with a view
to coercing her or any person related to her to meet any lawful
demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such
demand.PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand
Praveen Kumar (KLS)
18. Section 113-B of The Indian Evidence Act
When the question is whether a person has committed the dowry death
of a woman and it is shown that soon before her death such woman
had been subjected by such person to cruelty or harassment for, or
in connection with, any demand for dowry, the court shall presume
that such person had caused the dowry death.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
19. OFFENCES RELATING TO DOWRY
DOWRY MURDER
DOWRY AND CRUELTY
DOWRY AND SUICIDE
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
20. DOWRY MURDER
It is also known as dowry killing or bride burning.
Dowry murder involves the application of general homicide
provisions.
It is covered under Section 302 of IPC but special provision of
Section 304-B and 498-A are also attracted.
Case referred -Kundalabala v. State of Andhra Pradesh
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
21. DOWRY AND CRUELTY
In Indian Penal Code cruelty is in itself an offence covered under
Section 498-A.
Section 498-A of the Indian Penal Code deals with the offence of
cruelty. It states as whoever, being the husband or 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.
Case referred-Rishi Kumar v. State of Haryana
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
22. DOWRY AND SUICIDE
Section 306 of the Penal Code punishes abetment of suicide.
It states that if any person commits suicide, whoever abets the
commission of such suicide shall be punished with imprisonment of
either description for a term which may extend to ten years and
shall also be liable to fine.
Case referred-State of Punjab v. Iqbal Singh
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
23. PRESUMPTION AS PROOF OF DOWRY DEATH
A presumption is a rule of law that attaches definite probative
value to specific facts or directs that a particular inference as
to existence of one fact not actually known shall be drawn from a
fact which is known and proved.
It furnishes prima-facie evidence of the matter to which it relates
and relieves the party of the duty of presenting evidence until his
opponent has introduced evidence to rebut the presumption.
It raises such a high degree of probability in its favor that it
must prevail unless clearly met and explained.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
24. NEED FOR PRESUMPTION AS PROOF OF DOWRY DEATH
Since harassment, torture and violence on a married woman occur
within the four walls of the matrimonial home, the prosecution case
generally depends on circumstantial evidence and since it is
difficult to establish the crime by circumstantial evidence, a rule
of presumption has been enacted in the Indian Evidence Act. Section
113-A of the Indian Evidence Act deals with presumption as to
abetment of suicide to a married women and Section 113-B relates to
presumption as to dowry death.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
25. TYPES OF PRESUMPTION
PRESUMPTION AS TO ABETMENT OF SUICIDE BY MARRIED WOMAN
PRESUMPTION AS TO DOWRY DEATH
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
26. JUDICIAL RESPONSES TO THE OFFENCE OF DOWRY DEATH
Section 304-B was incorporated in the IPC by the Dowry Prohibition
Act, 1986 with the view to curb the increasing menace of evil
practice of giving and taking of dowry by imposing deterrent
punishment. The section deals with Dowry Death.
Section 304-B has no retrospective effect. To attract the
provisions of Section 304-B, one of the main ingredient of the
offence which is required to be established is that soon before her
death the deceased wife was subjected to cruelty and harassment in
connection with the demand of dowry.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
27. DEATHOCCURRINGNOTIN NORMALCIRCUMSTANCES
If the prosecution succeeds to establish that death was not
accidental suicidal or on account of serious ailment then the
presumption that death occurred otherwise than in normal
circumstances will apply.
The expression, otherwise than under normal circumstances, would
mean the death due to an unusual cause and under the suspicious
circumstances, if not caused by burns or bodily injury which
basically includes death by drowning, death by poisoning, death by
strangulation, death by starvation, death by hanging.
Case referred-Satraj v. State of Haryana
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
28. DEATH OCCURRING WITHIN SEVEN YEARS OF MARRIAGE
In the dowry death cases, direct evidence is hardly available and
such cases are usually proved by circumstantial evidences.
This section as well as Section 113-B of the Indian Evidence Act
enacts a rule of presumption, i.e. if death occurs within seven
years of marriage in suspicious circumstances.
Case referred-GulabChand Mehta v. State of Bihar
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
29. CRUELTY BY HUSBAND OR HIS RELATIVES FOR DOWRY
The expression cruelty postulates such treatment as to cause
reasonable apprehension in the mind of the wife that her living
with the husband will be harmful and injurious to her life. Human
reactions may be different and more sensitive persons may react
more violently even to minor incidents.
Cruelty has been defined in Section 498-A under which cruelty by
itself amount to an offence and is punishable under Section 304-B.
The meaning of cruelty for the purpose of this section has to be
gathered from the language as found in Section 498-A and as per
that section cruelty means any willful conduct which is of such a
nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to her life etc or harassment to
coerce her or any other person related to her to meet any unlawful
demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such
demand.
Case referred-Shanti v. State of Haryana
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
30. CRUELTY SOONBEFOREDEATH
The expression soon after is very relevant where Section 113-B of
the Evidence Act and Section 304-B, IPC are pressed into
service.
Soon before is a relative term and it would depend upon the
circumstances of each case and no strait jacket formula can be laid
down as to what would constitute a period soon before the
occurrence.
However to indicate that the expression soon before would normally
imply that the interval should not be much between the concerned
cruelty or harassment and the death in question. There must be
existence of a proximate and live link between the effect of
cruelty based on dowry demand and the concerned death.
Case referred-RajinderAmar Singh v. State of Haryana
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
31. CONCLUSION
Even after the Dowry Prohibition Act has passed, dowry seems to be
battering on the consumer society. Cases have come up where women
are beaten, kept without food for days, tortured physically and
mentally, strangulated and even burnt alive. They even commit
suicide out of frustration. Everyday cases of bride burning are
published in the newspaper. One dowry death case is reported every
hour for dowry. There are series of cases in which young married
women have been beaten, tortured and burnt to death.
In the end it may be said that the problems of dowry death persists
in the society which calls for multi prolonged and integrated
approach on an urgent basis. In a scenario where protectors become
killers, the very basic family unit is threatened.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
32. SUGESSTIONS
Section 304-B and 498-A needs to be made more deterrent in nature.
Punishment granted for committing dowry murders should be enhanced
from seven years imprisonment or life imprisonment to death
sentence.
person who penetrates a crime without any human consideration must
be given, the extreme penalty of death sentence.
Provisions must be enacted whereby the member of the in-laws family
of wife is restrained to use them without her permission. Also
proper enforcement of laws relating to dowry will make people aware
that the Government is serious in its legislation and they will
automatically cooperate in following the dictates of those laws.
Women need to be assertive and develop a self-identity so that they
can lead a life of security and dignity. She should achieve
economic independence to fight dowry death.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
33. WE CONCLUDE WITH THE HOPE
.that if the above mentioned suggestions are acted upon with spirit
then we may be able to create a perfect balance between male and
female and the problem of dowry deaths and related offences may be
solved.
PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)
34. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen
Kumar (KLS)