India has an alarming trend that sees 20 women die every day as a result of harassment over a dowry – either murdered, or compelled to commit suicide. Therefore, to that effect, the Act further inserted certain entries in the First Schedule of the Code of Criminal Procedure, 1973 and section 113B was introduced in the Indian Evidence Act, 1872. Explanation.–For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). A case of dowry death is made out if the following conditions are satisfied: If a woman's death is caused by burns, bodily injury or occurs under unnatural circumstances and the death occurs within 7 years of marriage. Dowry Death – No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: SC. The Allahabad High Court reversed the judgment holding the accused liable for dowry death and under S. 498A of IPC. Posted in: Family Law. SECTION 498A – DOWRY DEATH (a) Husband or relative of husband of a woman subjecting her to cruelty - whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Durga Prasad v. State of Madhya Pradesh, (2010) 9 SCC 73. Case Laws on Dowry Death 1. (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.” Dowry death is a social evil, To eradicate such evil, legislators inserted section 498 A in the Indian Penal Code. Section 113B states that: “Presumption as to dowry death. Section 304B criminalizes dowry death, i.e. Hence this appeal was made in Supreme Court. Dowry Death Section (304 B) Section 304B lays down the provision for ‘dowry deaths’ due to any burn or bodily injury within 7 years of the marriage because of the cruelty meted out on her by the husband and his relatives. Section 304B of the Indian Penal Code would be applicable if cruelty or harassment was inflicted by the husband on any of his relative for, or in connection with demand for dowry, immediately preceding the death by bodily injury or by burning (abnormal circumstances) within seven years of the marriage. The Section 113B Indian Evidence Act, 1872 deals with the dowry death. SECTION 304(B) of INDIAN PENAL CODE AND PUNISHMENT UNDER SECTION 304( B)OF I.P.C. A new section 304-B was included in the Indian Penal Code. Dowry Death and Evidence Act, 1872 Section 113-B presumption as to dowry death When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with any demand for dowry. Section 304-B of IPC – Dowry Death. Dowry death is defined in Section 304B of the Indian Penal Code, 1860. In 1986, Dowry death was incorporated in the Indian Penal Code. DOWRY DEATH. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). a death caused which is in relation demand for dowry, by the husband and/or the relatives. The expression ‘soon before death’ used in section 304-B of IPC is In order to hold an accused guilty of an offence under Section 304-B IPC, it has to be shown that apart from the fact that the woman died on account of burn or bodily injury, otherwise than under normal circumstances, within 7 years of her marriage, it has also to be shown that soon before her death, she … In order to prohibit the repeated occurrences of this crime, the Dowry Prohibition Act, 1961 and Section 304B, Section 498A under Indian Penal Code, 1860 were introduced. The explanation about the term ‘cruelty’ as mentioned in Section 498A can be used for the purposes of Section 304B, IPC. The Section 113B, Indian Evidence Act,1872 deals with the dowry death. (The term “dowry death” has the same meaning as in S. 504-B of the Indian Penal Code.) The Supreme Court in the case of Satvir Singh and Ors v. State of Punjab and Anr [6], stated that, in the cases of dowry death, the circumstances of harassment and cruelty to the victim have to been seen soon before her death. A young 27 year old PhD scholar committed suicide because her in-laws were not okay with her continuing studies. Judgment. Thus, through an Amendment, a new section i.e. Section 304B IPC along with Section 113B of the Evidence Act have enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961. The provision in detail provides ingredients which are to be looked into in case of death of a married woman and if those ingredients are there such death would be considered as dowry death. Abhishek Mishra 1,920 views. It is also known as bride burning. Dowry death under Section 304B of IPC. 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