DOWRY DEATH

INTRODUCTION• Most dowry deaths occur when the young woman, unable to bear the

harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting herself on fire; this is known as "bride burning“

• India has by far the highest number of dowry related deaths in the world according to Indian National Crime Record Bureau. In 2010, 8391 dowry death cases were reported across India [3] This means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000 women in India

• According to Indian police, every year it receives over 2,500 reports of bride-burning The Indian National Crime Records Bureau (NCRB) reports that there were about 8172 dowry death cases registered in India in 2008

WHAT IS DOWRY ?In ancient times ‘dowry ’ was a means for parents to endow a daughter with material goods because she could not inherit property . Traditionally ,dowry consisted of gifts, usually jewelry , given to the bride at the time of her marriage as a financial security to her.

• Dowry means any property or valuable security given or agreed to be given either directly or indirectly:-

• A) by one party to a marriage to the other party to the marriage or;

• B)by the parent of either party to the marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage o said parties but does not include dower or mahr in the case of persons to whom the Muslims Personal Law applies- (Dowry Prohibition Act 1961)

SECTION 304-B OF INDIAN PENAL CODE•

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

CLASSIFICATION OF OFFENCE• Cognizable• Non-bailable• Non-compoundable• Trial-Court of Session

PUNISHMENT• Imprisonment of not less than 7 years

but which may extend to imprisonment for life.

• If any person gives or takes or abets the giving or taking of dowry ,he shall be punishable for a fine not less than Rs.5000 or an amount of the value of such dowry ;whichever is more

ESSENTIALS• Soon before death• Within 7 years of her marriage• Unnatural circumstances• Presence of cruelty and

harassment in connection with dowry demand

1} SOON BEFORE DEATH• One of the essentials to prove dowry death is

that cruelty or harassment was soon before death

• there is no specified period which can come under the word “soon before” depending upon the case and circumstances of each case

• To prove that death occurred within the phrase “soon before” there should be cruelty and harassment

• Soon before would normally imply that the interval should not be much between the concerned cruelty and harassment and the death in question

SOON BEFORE DEATH• CASE LAWS• Pawan Kumar v. State of

Haryana 1998• Mahesh Kumar v. State 2001• Venugopal v. State of

Karnataka 1999• Bhuneshwar Pd Chaurasia

v.Bhuneshwar Chaurasia

WITHIN 7 YEARS OF MARRIAGE• The title itself depicts the meaning of the statement .

If a woman dies in unnatural circumstances at her matrimonial home within seven years of her marriage, the husband is presumed to have killed her if he cant rebut the charge successfully in court .

• This presumption gains strength if the woman has been harassed over dowry.

WITHIN 7 YEARS OF MARRIAGE

WITHIN 7 YEARS OF MARRIAGE• CASE LAWS

UNNATURAL CIRCUMSTANCES• The line “by any burns or bodily injury than under normal circumstances “ is the meaning

for unnatural circumstances.

DOWRY GIVEN IN LUMP SUM