LAWS RELATED TO DOWRY DEATH UNDER IPC

LAWS RELATED TO DOWRY DEATH UNDER IPC

Author : Monalisha Singh

Dowry death has been defined under Section 304 B of the Indian Penal Code, 1860. Presumption as regard to dowry death has been defined under Section 113 B of the Indian Evidence Act, 1872. Section 304 B of the Indian Penal Code delineates that if any woman within seven years of her marriage dies because of any bodily injury or burn or it is divulged that before the marriage of a woman, she had experienced harassment or cruelty by her husband or any relatives of the husband in relation to the demand of dowry, then in such a case the death of the lady is considered as death by dowry. The punishment for dowry death is an imprisonment of seven years or life imprisonment.

Ingredients of Dowry Death:-

1. There must be any bodily injury or burns caused to the lady.
2. The death should occur within seven years of marriage.
3. It must be divulged that before the marriage, she must be exposed to harassment or cruelty.
4. The harassment or cruelty should be related to the demand for dowry.

According to Section 2 of the Dowry Prohibition Act, 1961, the dowry in any valuable security directly or indirectly in any property agreed to be given when:-

• The first party of marriage agrees to give the amount of dowry to the other party.
• By the parents of either of the parties.

Causes of Dowry:-

• For the sake of tradition: – Many people verify the taking and giving of dowry as an age old tradition followed by our ancestors. Any wrong howsoever old the tradition may be cannot be justified by the reason that it is prevalent for a long period of time.
• Dowry is asked by the family of the groom: – The family of the groom demands the dowry from bride’s side by citing the reason that as their son is well placed or has a good job that is why they are demanding dowry for this reason.
• Illiteracy: – This is the most important reason for prevailing of this evil practice so rampantly. People are not aware of the laws prevailing and thus this leads to increase in the cases of dowry.

Dowry death is by its very nature a non- bailable and cognizable offence. In the case of Himachal Pradesh v. Nikku Ram and ors, there was a married couple. And after 5-6 months of the marriage; the husband, mother-in-law and the sister-in-law harassed her for bringing less amount of dowry.

After this, they began to demand dowry in the form of cash and kind. After she got irritated by all this, she filed a case of torture and cruelty in order to bring money and demand dowry.

In this case, it was held by the court that all the charges instituted against the mother-in-law, husband and sister-in-law was not proved in the Court of law due to lack of evidence, so they were free from all the charges. But in this case only the mother in law is liable for giving compensation for causing grievous hurt to her daughter in law.

So, she paid a fine of Rs. 3000 and got a simple imprisonment of 1 month. Section 113 B of the Indian Evidence Act, states that if any woman dies in connection with the demand for dowry and it is shown that soon before her death she was subjected to cruelty, then in such case the court will presume that such persons are responsible for her death.

The dowry is so prevalent in Indian society that many people validate dowry by citing that as it is practiced for a long time, so it is valid. Mere law will not do its work under there will be full implementation of the laws.

In addition to this the parents should also think about their daughter and be the support system, so that whenever such things occur the woman can go to their home for seeking help. In the case of Satyanandam v. Public Prosecutor, the High Court held that when the offence of death caused by dowry is not proved then also the accused be convicted for the demand of dowry.