Dowry death as a social evil

1. DOWRY DEATH
: A SOCIAL
EVIL
SEC. 304B
Dr. Neepa Vyas

2. (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.
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3. (2) : imprisonment not less than 7
years but may extend to life
imprisonment.
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4. ESSENTIALS
1. Death of a woman
2. By burns or bodily injury or otherwise than
normal circumstances
3. Within 7 years
4. Soon before
5. Cruelty or harassment
6. Husband or his relative
7. In connection with demand for dowry
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5. DR. N U VYAS SEM I CR. LAW II 5

6. DR. N U VYAS SEM I CR. LAW II 6

7. RAJAYYAN V/S
STATE OF KERALA
AIR1998SC1211
“Otherwise than in normal circumstances” mean
that the death was not in usual course but
apparently under suspicious circumstances.
Death of a woman by suicide occurring within 7
years of marriage cannot be described as
occurring in normal circumstances.
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8. It is emphasized that death must be proved to be
one out of the course of nature and the mere fact
the deceased was young and death was not
accidental is not sufficient to establish that
death have occurred otherwise. AIR1991SC1142
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9. ASHOK
KUMAR
V/S
STATE
OF
PUNJAB
AIR 1990 SC 2134
where the wife died of self poisoning
within the statutory period, but there
was no proof of cruelty by husband or
others.
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10. Shanti v/s State of Haryana AIR1991SC1226
DR. N U VYAS SEM I CR. LAW II 10
1. Death of a woman
2. By burns or bodily injury or otherwise than
normal circumstances
3. Within 7 years
4. Soon before
5. Cruelty or harassment
6. Husband or his relative
7. In connection with demand for dowry..

11. DR. N U VYAS SEM I CR. LAW II 11

12. SEC. 113B E. ACT.
304B IPC
Kesab Chandra Panda V/s Orissa (1995)1CrLJ174
A Conjoint reading of section 113B and Sec. 304B
shows that there must be material to show that
soon before her death the victim was subjected to
cruelty or harassment. Evidence in this regards has
to be led by Prosecution.
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13. The evidence showed that cruelty was there. The
accused persons were not able to explain why the
deceased wife committed suicide. The conviction
and sentence under sec. 306,498A, 304B was
maintained..
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14. DR. N U VYAS SEM I CR. LAW II 14

15. SEC. 498A
Willful conduct which likely to drive the
woman to commit suicide or danger to life,
limb or health (Mental & Physical)
Harassment is with a view to coercing her
or any person related to her to meet any
unlawful demand for any property or
valuable security is on account of failure
by her or any related person..
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16. DR. N U VYAS SEM I CR. LAW II 16
Section is applicable
to husband and his
relatives, which
includes a family
friend also.

17. DR. N U VYAS SEM I CR. LAW II 17
Dowry

18. DOWRY
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Sec. 2D of Dowry
Prohibition Act,

19. Father gave land to her as a part of
ritual. She was subjected to cruelty to
transfer the same on his name. It was
held that such conduct could not be
said to in connection with dowry
demand.
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20. PAVANKUMAR V/S
HARYANA
An agreement of dowry is not always
necessary. There was a persistent demand for
a TV set and a scooter. The demand was
related with marriage. It fell within the
meaning of the word dowry Sec. 304B….
AIR 1998 SC 958
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21. THANK
YOU
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