The document discusses the key elements of Section 304B of the Indian Penal Code, which deals with dowry deaths. It notes that for a dowry death charge, the prosecution must prove: 1) death of a woman, 2) by burns or bodily injury or otherwise than under normal circumstances, 3) within 7 years of marriage, 4) cruelty or harassment by the husband or relative, 5) in connection with a demand for dowry. It provides examples from case law where the courts have interpreted these elements and discusses what constitutes dowry under the law.

1. Dr. Neepa Vyas

2. 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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3. Dr. N U Vyas Sem I
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4. Dr. N U Vyas Sem I
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5.  “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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6. 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.
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7. 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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8.  Shanti v/s State of Haryana
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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..

9. Dr. N U Vyas Sem I
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10. Kesab Chandra Panda V/s Orissa
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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11. 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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12. Dr. N U Vyas Sem I
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13.  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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Section is applicable to husband and his
relatives, which includes a family friend
also.

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Dowry

16.  Sec. 2D of Dowry Prohibition Act,
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17. 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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18.  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….
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19. Thank You
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