The document discusses dowry death under Section 304B of the Indian Penal Code. It defines dowry death as the death of a woman within seven years of marriage due to burns, bodily injury, or abnormal circumstances, if she was subjected to cruelty or harassment for dowry demands. The document outlines the history and current issues of dowry practices in India, essential elements to prove dowry death, related offenses, trial procedures, and key court cases that have upheld convictions. Punishment for dowry death is seven years to life imprisonment. Despite legal reforms, dowry continues as a widespread social problem in India.
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
when a person can be punished for the offence under section 304B, i.e. Dowry Death, of Indian Penal Code. Legal Provisions with decided case laws and relevant provisions from other laws of India.
A PRESENTATION ON SECTION 304B AND 498A INDIAN PENAL CODE BY DR.SANGEETA CHOWDHRY AND DR. SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE AND TOXICOLOGY, GOVT. MEDICAL COLLEGE JAMMU (J&K)
when a person can be punished for the offence under section 304B, i.e. Dowry Death, of Indian Penal Code. Legal Provisions with decided case laws and relevant provisions from other laws of India.
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Presentation on Laws related to Adultery in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
Extends to whole of India except the state of J&K.
Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Presentation on Laws related to Adultery in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
The initial role of dowry was to financially provide for the bride because she was moving into a joint family with the groom.
Women were not allowed to work and earn a living outside of the home, so dowry was suppose to serve as her income and her contribution to the home.
What are the signs of domestic violence?
• Destructive criticism and verbal abuse: shouting/mocking/accusing/name calling/verbally threatening.
• Pressure tactics: sulking, threatening to withhold money, disconnect the telephone, take the car away, commit suicide, take the children away, report you to welfare agencies unless you comply with his demands regarding bringing up the children, lying to your friends and family about you, telling you that you have no choice in any decisions.
• Disrespect: persistently putting you down in front of other people, not listening or responding when you talk, interrupting your telephone calls, taking money from your purse without asking, refusing to help with childcare or housework.
• Breaking trust: lying to you, withholding information from you, being jealous, having other relationships, breaking promises and shared agreements.
• Isolation: monitoring or blocking your telephone calls, telling you where you can and cannot go, preventing you from seeing friends and relatives.
• Harassment: following you, checking up on you, opening your mail, repeatedly checking to see who has telephoned you, embarrassing you in public.
• Threats: making angry gestures, using physical size to intimidate, shouting you down, destroying your possessions, breaking things, punching walls, wielding a knife or a gun, threatening to kill or harm you and the children.
• Sexual violence: using force, threats or intimidation to make you perform sexual acts, having sex with you when you don't want to have sex, any degrading treatment based on your sexual orientation.
• Physical violence: punching, slapping, hitting, biting, pinching, kicking, pulling hair out, pushing, shoving, burning, strangling.
• Denial: saying the abuse doesn't happen, saying you caused the abusive behavior, being publicly gentle and patient, crying and begging for forgiveness, saying it will never happen again.
INTRODUCTON: The Indian Penal Code, 1860 (IPC) in Chapter XX (sections 493 to 498), provides punishment for offences relating to marriage. These offences may be grouped into four categories:
(i) Mock marriages or deceitful marriages (sections 493, 496);
(ii) Bigamy (sections 494, 495); (iii) Adultery (section 497); and
(iv) Enticing, taking away or detaining a married woman, with criminal intent
(section 498).
FRAUDULENT CONDUCT IN MARRIAGE
Section 493, IPC reads as under:
493. Cohabitation caused by a man deceitfully inducing a belief lawful marriage. Every man who by deceit causes any woman who not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall b punished with imprisonment of either description for a term which ma extend to ten years, and shall also be liable to fine.
This section is invoked when a man, either married or unmarried, induces woman to become (as she thinks) his wife, but in reality, she is his concubine. Th offence be committed by a person falsely causing a woman to believe that h may committed by a person foxy causing women to believe that he
is of the same race, creed or religion as herself, and thus inducing her to contract marriage, which in reality is unlawful, but which according to the law under which she lives, is valid. Suppose a person, half English, half Asiatic by blood, calls himself a Mohammedan or Hindu and by this deception, causes a Mohammedan or a Hindu woman to go through the ceremony of marriage, in a form which she deems valid, and to cohabit with him, he has committed this offence.
Live-in Valid Marriage Relationship: Live-in or marriage like relationship is neither a crime nor a sin socially unacceptable in India. The decision to marry in not to marry have a heterosexual relationship is entirely personal. All Live-in-relation are not relationships in the nature of marriage.
Indra Sarma v VKV Sarma
Per KS Radhakrishnan, J Appellant and respondent were working together in a private company.
The respondent, who was working as a Personal Officer of the Company, was a married person having two children and the appellant, aged 33 years, was unmarried Constant contacts between them developed intimacy and in 1992, appellant left the job from the above mentioned Company and started living with the respondent in a shared household Appellant's family members, including her father, brother and sister, and also the wife of the respondent, opposed that live-in-relationship. She has also maintained the stand that the respondent, in fact, started a business in her name and that they were earning from that business. After som
The Law on Adultery From Yusuf Abdul Aziz to Joseph Shrine in Recognition o...Pallavi Devi
whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term that may extend to two years, or with fine, or with both. Sec 497 IPC does not bring within its purview an extra marital relationship with an unmarried woman or a widow.
what about different sexual orientation?
What if a married woman who had sexual intercourse with woman who is already married?
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
3. INTRODUCTION
According to section 304B 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 or relative shall be deemed to have caused her death.
Dowry is defined under Section 2 of the Dowry Prohibition Act,
1961 `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 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 or any time after the marriage in connection with the
marriage of said parties but does not include dower or mahr in
the case of persons to whom the Muslim Personal Law (Shariat)
applies.
4. Dowry (Ancient Scenario)
The ancient marriage rites in the vedic period are associated
with “kanyadan”.
It is laid down in Dharmashastra that the meritorious act of
kanyadan is not complete till the bridegroom was given a
dakshina. So when a bride is given over to the bridegroom,
he has to be given something in cash or kind which constitute
Varadakshina.
Thus kanyadan became associated with varadakshina i.e the
cash or gifts in kind by the parents or guardian of the bride to
the bridegroom.
The varadakshina was offered out of affection and did not
constitute any kind of compulsion or consideration for the
marriage. It was a voluntary practice without any coercive
overtones.
5. Dowry (Present Scenario)
Today dowry has become a widespread evil and social
menace and biggest problem faced by women.
Marriage is becoming a big source of exploitation and of
getting rich overnight in some communities.
The spread of education has not helped in curbing the social
evil of dowry. The, more highly educated is the young man,
higher are the demands for the dowry.
The dowry system is one of the primary cause of female
infanticide and foeticide in India. Domestic violence is
another consequences of this evil.
Indian Parliament enacted the Dowry Prohibition Act, 1961,
to minimize the evil effects of dowry. The object of Act is to
prohibit the giving and taking of dowry.
6. Essentials of Dowry Death (Sec
304B)
The death of a woman should be caused by burns or bodily
injury or otherwise than under normal circumstances.
Such a death should have occurred within seven years of her
marriage.
She must have been subjected to cruelty or harassment by her
husband or by any relative of her husband.
Such cruelty or harassment should be for, or in connection
with the demand for dowry
Such cruelty or harassment is shown to have been meted out
to the woman soon before her death.
7. Dowry related offences under IPC
There are four situations when a married woman is subjected
to cruelty and harassment leading to the commission:
1) Cruelty of woman by husband or relatives. Sec 498A, IPC
2) Dowry Death 304B, IPC-
3) Intentional Death of woman- 302, IPC
4) Abatement of suicide of woman- 306, IPC
8. Cruelty
Section 498A of Indian Penal Code deals with the offence of
cruelty. Cruelty means any wilful 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 life, limb or health, whether
mental or physical, of the woman; or
Harassment of the woman where such 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
or is on account of failure by her or any person related to her
to meet such demand.
9. Pawan Kumar V State of
Haryana (1998)
It is proved when demand for scooter and fridge, made soon
after the marriage by the husband and his relatives. The
deceased’s failure to meet the demand leading to repeated
taunts and maltreatment. Quarrel taking place between
husband and deceased, regretting that it would be difficult to
see her face in future are clear proof of cruelty and
maltreatment by her husband and family members.
The accused was held liable under section 304B, IPC
10. Dowry offences and Trial
Dowry offences are:
Not cognizable; they are cognizable for the purpose of investigation.
Non- compoundable offences
Non- bailable
Cognizance of a dowry is taken up by
The magistrate himself or on the basis of FIR,
OR
Complained lodged by:
A parent
Other relation of such person
Recognized welfare institute or Organization.
Complaint can be made at anytime after the commission of the offence,
but if it is done after considerable delay the court may not entertain it
if no reasonable explanation for the delay is given.
11. Ashok Kumar V State of Haryana
(2010)
In this case, the deceased and Ashok kumar (appellant) were
married for 2 years. The father of the girl had given sufficient
dowry at the time of her marriage according to his mean,
desire and capacity but the mother in law and brother in law
of her were not satisfied so they allegedly harassed and
maltreated the deceased and used to give her beatings. They
had demanded various things like refrigerator, television etc.
one week prior to the incident the deceased came to the
house of her father and narrated them the whole scenario.
She mentioned that her husband wanted to set up a new
business for which he required sum of rupees 5000. the father
could not arrange for the same due to which her mother in
law and brother in law burnt the deceased by sprinkling
kerosene oil as the result of which the deceased died.
12. Ashok Kumar V State of Haryana
(2010)
Ashok kumar (husband), mother in law and brother in law
were found guilty of an offence punishable under section
304B of the code and sentenced the accused to undergo
rigorous imprisonment for 10 years and to pay a fine of Rs
1000.
While upholding the conviction, the apex court held that
since the accused is a young person of 48 years, keeping in
view the facts and circumstances of the case the court
awarded seven years of rigorous imprisonment.
13. Venugopal V State of Karnataka
(1999) 2 SCC 216
The appellant husband was held liable for dowry
death under section 304 B, IPC for creating a
situation whereby the wife committed suicide
within two years of marriage.
Constant demand of dowry leading to ill
treatment, harassment and torture of the wife at
the hands of the husband soon before her death,
led her to take the extreme death of ending life.
14. Punishment
According to Section 304B, IPC 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.
15. Conclusion
Despite protest by women’s organizations, serious activism,
legal amendments, special police cells for women, media
support and heightened awareness of dowry being a crime,
the practice continues unabated on a massive scale.
Despite every stigma, dowry continues to be the signature of
marriage.
It is an accepted fact dowry is not an easy problem to be
eliminated. However such a social menace can be combated
with effective strategic measures that would protect the
dowry of the Indian bride and would allow such dowry to be
treated as her exclusive property.