MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

LAW OF CRIMES

FINAL SUBMISSION

SEMESTER III

DOWRY DEATH AND THE LAW

SUBMITTED TO SUBMITTED BY
Prof. CHIRAG BALYAN PARTH KHANDELWAL
ENROLL NO. 2016032
LIST OF ABBREVIATIONS

 I.P.C- Indian Penal Code

 S.C.C- Supreme Court Cases
 Cr.P.C -Criminal Procedure Code
 I.E.A.- Indian Evidence Act
 Q.B.D- Queens Bench Division
 AIR-All India Reporter
 C.R- Curia Regis
 LJ-Law Journal
 N.C.T- National Capital Territory
 W.R.L- Weekly Law Reports
 CRL-Criminal law journal
 AC-Appellant Court

2
1. INTRODUCTION

Dowry death is a burning issue in India. In spite of all the stringent laws and campaigns
against dowry, statistics on dowry-related deaths in the country have increased over
the years as seen in the national crime records bureau of 2015 as from 2005 where
cases reported were 6787 while increasing reached a high of 8233 in 2012 and in 2014
cases reported were 8455.1 Despite a rapidly expanding middle class, enviable
economic growth and measurable strides in modernization since India's 1947
independence, dowry deaths continue to rise year on year Ban on giving and taking
dowry the Dowry Prohibition Act, 1961, is enacted. To strengthen the law, section 304
–B was incorporated in the Indian Penal Code. This paper has made an attempt the to
analyse the legal provisions pertaining to dowry death in section 304-B of Indian penal
code.

2. DEFINITION OF `DOWRY’
In dowry prohibition act, 1961 under section 2 `dowry’ means any property or valuable
security given or agreed to be given either directly or indirectly by one party to a
marriage to the other party to the marriage; or 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;

1http://ncrb.nic.in/StatPublications/CII/CII2015/FILES/Statistics-
2015_rev1_1.pdf
3
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.2 This definition has been used in many cases such as
State Of Himachal Pradesh vs Nikku Ram3 and Appasaheb And Anr Vs State Of
Maharashtra.4

‘dowry' in Section 304B IPC, Court in the case of Kamlesh Panjiyar v. State of
Bihar5 held as under:
The word "dowry" in Section 304-B IPC has to be understood as it is defined
in Section 2 of the Dowry Act. Thus, there are three occasions related to dowry. One
is before the marriage, second is at the time of marriage and the third "at any time"
after the marriage. The third occasion may appear to be unending period. But the
crucial words are "in connection with the marriage of the said parties". As was
observed in the said case "suicidal death" of a married woman within seven years of
her marriage is covered by the expression "death of a woman is caused ... or occurs
otherwise than under normal circumstances" as expressed in Section 304-B IPC."6

In the case of Appasaheb7 court held that: "A demand for money on account of some
financial stringency or for meeting some urgent domestic expenses or for purchasing
manure cannot be termed as a demand for dowry as the said word is normally
understood".8
The allegation to the effect that the deceased was asked to bring money for domestic
expenses and for purchasing manure in the facts of the case was not found sufficient
to be covered by the ‘demand for dowry'. Appasaheb9 cannot be read to be laying down
a complete proposition that a demand for money or property or valuable security on

2
Section 2, the dowry prohibition act, 1961, (act no. 28 of 1961)
3
(1995) 6 SCC (219)
4
(CRL.) 1613 Of 2005
5
Kamlesh Panjiyar v. State of Bihar (2014) 2 SCC (424)
6
Pramod Kumar. Das, Protection of women from domestic violence: act & rules (2009)
7
Appasaheb And Anr vs State Of Maharashtra, (crl.) 1613 of 2005
8
Bachni Devi v. State of Haryana, (2011) 4 SCC (427)
9
Supra, Note. 5
4
account of some business or financial requirement could not be termed as `demand for
dowry' thus showing how dowry is different as in this case it is seen that not every case
of asking wife for valuables for some exigent circumstances. It was in the facts of the
case that it was held so. If a demand for property or valuable security, directly or
indirectly, has a nexus with marriage, such demand would constitute ‘demand for
dowry’; the cause for such demand being immaterial. But in the lieu of valuable goods
sometimes members of family take harsher steps which leads to death of woman these
cases are under dowry death.10 This helps in understanding how dowry is not just about
demanding some form of property from wife but is a contextual based event.

3. LAWS IN RELATION OF DOWRY DEATHS

Guidelines have been laid down by the Government of India for examination of such
cases, and the law in respect thereof has been suitably amended. The Indian Penal
Code (I.P.C.), Criminal Procedure Code (Cr.P.C.) and Indian Evidence Act (I.E.A.)
are amended11 and was approved by President of India to deal effectively with cases
of dowry deaths and also the cases of cruelty to married women.

The Dowry Prohibitions (Amendment) Act, 1986) has inserted a new section in the
Indian Penal Code creating a new offence of dowry death. Sub section 1 of Section
304B defines the offence of dowry death as-

“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”. And such husband or relative or in law shall be
deemed to have caused her death. Whoever commits dowry death shall be punished

10
Supra, Note. 5
11
Criminal law (Second Amendment) Act, 1983
5
with imprisonment for a term minimum of seven years which may extend to
imprisonment for life.12

4. ESSENTIAL INGREDIENT OF SECTION 304B

In case of death of a woman caused under the above circumstances, the husband and
the husband’s relatives will be presumed to have caused a ‘dowry death’ and be liable
for the offence, unless it is proved otherwise. This is to say, the burden of proof shifts
on the part of the accused to prove his innocence unlike other offences wherein the
accused is presumed innocent. Clause (2) prescribes a minimum punishment of 7 years
of imprisonment which may extend up to life imprisonment in case of dowry death.13

4.1 SEVEN YEARS PERIOD

The period of seven years, as explained by the Supreme Court in State of Punjab v.
Iqbal Singh14, is considered to be turbulent one after which the legislature assumed
that the couple would have settled down in life. Section 113B of the Evidence Act15
states that if it is shown that soon before the death of a woman such woman has been
subjected to cruelty or harassment for, or in connection with, any demand for dowry,
the Court shall presume that such person has caused the dowry death accordingly shifts
on defence.16

4.2 PRESUMPTION AS TO DOWRY DEATH17

When the question at issue is whether a person is guilty of dowry death of a woman
and the evidence discloses that immediately before her death she was subjected by
such person to cruelty and/or harassment for, or in connection with, any demand for

12
Vij K. Textbook of Forensic Medicine and Toxicology. 5th edition. Elsevier, 2011, p. 206.
13
Section 304B, Indian penal code
14
State of Punjab v. Iqbal Singh AIR 1961 SC 1532, 1537; Shanti v. State of Haryana, AIR 1991 SC
1532.

15
The Evidence Act, 1872, Section 113B Presumption as to Dowry Death. Inserted by Act 43 of 1986
Sec. 12 (w.e.f. 5.1.1986).
16
Id.
17
Ins. by Act No. 43 of 1986, s. 12.
6
dowry’s. 113B, provides that the court shall presume that such person had caused
dowry death. Of course, if there is proof of the person having intentionally caused her
death that would attract s. 302, IPC.18

Where the prosecution was able to prove that the deceased woman was last seen alive
in the company of the accused, she being at the moment in her special care and custody,
that there was a strong motive for the crime and that the death in question was
unnatural and homicidal, it was held that by virtue of the provision in S.106 of the
Evidence Act the burden of showing the circumstances of the death was on the accused
as those circumstances must be specially known to him only.19 Where the death was
by strangulation and evidence was available to show that dowry was being demanded
and the accused husband was also subjecting his deceased wife to cruelty, it was held
that the presumption under the section applied with full force making the accused
liable to be convicted under s. 304B, I.P.C.20 Section 113B of the Evidence Act being
procedural, it has been held that it is retrospective in operation.21

Presumption – when may be raised. —The presumption under section 113B shall be
raised only on the proof of the following essentials: -

(1) The question before the Court must be whether the accused has committed the
dowry death of a woman. This means that the presumption can be raised only if the

accused is being tried for the offence under section 304B, I.P.C. 


(2) The woman was subjected to cruelty or harassment by her husband or his relatives.

(3) Such cruelty or harassment was for or in connection with any demand for dowry.

(4) Such cruelty or harassment was taking place soon before her death.22 


18
State of Punjab v. Iqbal Singh, (1991) 3 SCC 1.
19
Amarjit Singh v. State of Punjab, 1989 Cr LJ (NOC) 12 (P&H).
20
Hem Chand v. State of Haryana, AIR 1995 SC 120
21
Bhoora Singh v. State of U.P., 1992 Cr LJ 2294 (All).
22
Keshab Chandra Panda v. State of Orissa, 1995 Cr LJ 174 (Ori).
7
The provisions of this section, although mandatory in nature, simply enjoin upon the
court to draw such presumption of dowry death on proof of circumstances mentioned
therein which amount to shifting the onus on the accused to show that the married
woman was not treated with cruelty by her husband soon before her death.23 In a dowry
death case, it is a condition precedent to the raising of the presumption that the
deceased married woman was subjected to cruelty or harassment for and in connection
with the demand for dowry soon before her death.24

Where the facts showed that a continuous harassment connected with demand for
dowry was taking place right up to the time that the deceased woman met her parents
two-days before her death, the court said that it could be assumed that harassment
existed upto a time soon before her death. There were no intervening attempts at a
settlement.25 A statement made by the woman to her brother 2-3 days before she was
killed, that she was not being allowed to leave her in-laws till their demand for a
scooter was met was held to be admissible under s. 32 Evidence act. The court said
that demand for dowry was taking place soon before her death and therefore,
presumption under the section could be drawn.26

4.3 DOWRY DEATH SECTION 304-B READ WITH EVIDENCE ACT 113B

Evidence of Relative or Interested Witnesses

In the case of State v. Orilal Jaiswal27, it was observed that in cases of dowry deaths,
ordinarily, the evidence of close relatives and friends would be available and normally,
strangers would neither be aware nor willing to come forward to depose in favour of
prosecution. The testimony of close relatives and friends, therefore, cannot be
disbelieved only on the ground that they are relatives and that on that ground he or she
had come forward to depose for the prosecution.

23
Krishan Lal v. Union of India, (FB), 1994 Cr LJ 3472 (P&H).
24
Bhoora Singh v. State of U.P., 1993 Cr LJ 2636 (All).
25
Kans Raj v. State of Punjab, 2000 Cri Lj 2993.
26
Mahesh Kumar v. State, 2001 Cri LJ 4417 (All).
27
State v. Orilal Jaiswal (1994), AIR SC 1418.
8
4.4 SOON BEFORE THE DEATH

To prove the offence of dowry death, there must be concrete and specific demand of
dowry on behalf of the husband and his family members and the lady must be harassed
or subjected to cruelty by them on account of demand of dowry. If there is no demand
of dowry and vague allegations are made therein, then the death of the bride if occurred
because of any other reason that would not be termed as dowry death.28

The legislative object in providing radius of time by employing “soon before her
death” that her death in all probability was due to harassment or suicide i.e. having
direct nexus.29 As seen in case of Satya Narayan Tiwari v. state of U.P.30 where on
demand of car for 6 months husband started nagging, beating and torturing wife she
from time to time informed her family but thinking things will settle she stayed but
later she was murdered.

4.5 PROXIMITY TEST

This test doesn’t provide a specified time period but expression of ‘soon before death’
implies short interval between concerned cruelty and death in question. This requires
that mental equilibrium of woman has been displaced to such a level in a short period
of time.31 Thus it depends upon the mental state and the proximity of the event and the
interval of time between cruelty and death.

5. ATTEMPT TO COMMIT OFFENCE OF DOWRY DEATH 


In case of Satvir Singh v. State of Punjab32 the Apex Court discussed at length whether
the attempt to commit offence as provided by Section 511 of Indian Penal Code could
be applied to dowry death cases punishable under Section 304B, I.P.C. Section 511,
I.P.C. provides that whoever attempts to commit an offence punishable by this Code

28
koppisetti subharao v. state of A.P AIR 2009 SCC 2684
29
Tarsem Singh v. state of Punjab Air 2009 SCC 1454
30
Satya Narayan Tiwari v. state of U.P 2011 Cr LJ 445
31
Mustafa Shahadal Shaikh vs State Of Maharashtra 2012 AIR (SCW 5308)
32
Satvir Singh v. State of Punjab, Appeal (crl.) 1319 of 1998
9
with imprisonment for life or imprisonment, or to cause such an offence to be
committed, and in such attempt does any act towards the commission of the offence
shall, where no express provisions made by this Code for the punishment of such
attempt, be punished with imprisonment of any description provided for the offence,
for a term which may extend to one-half of the imprisonment of life, or as the case
may be, one-half of the longest term of imprisonment provided for the offence or with
such fine as is provided for the offence or with both.

Cruelty as Defined under Section 498A of Indian Penal Code

Under Section 498A, Indian Penal Code, ‘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 it is mental or physical of the woman33;
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 related to her to meet such demand.34
While 304B deals with death it has a wider scope covering suicide, grave injury to
limbs even harassment with a view to coerce woman.35 Thus helps in

6. DIFFERENCE BETWEEN MURDER AND DOWRY DEATH

Section 300 of the Code36 says when the offence is ‘murder’ and when it is ‘culpable
homicide not amounting to murder’. Section 300, I.P.C. begins by setting out the
circumstances when culpable homicide turns into murder which is punishable under
Section 302, I.P.C.

While essentials of 304-B as stated are intentional act to cause death by bodily injuries
which is sufficient in normal course to cause death of a person. But the death under
Section 304B, I.P.C. of a woman is caused by harassing physical and mentally the

33
Explanation, Section 498A, Indian Penal Code.

34
Ibid
35
DINESH SETH V/S STATE OF N.C.T. OF DELHI (2008) 14 SCC 94
36
Section 300, Criminal
10
victim to such an extent that the victim commits suicide.37 The punishment for murder
under Section 302, I.P.C. is death or life imprisonment, but the punishment under
Section 304B, I.P.C. is from seven years to life imprisonment. The murder under
Section 302, I.P.C. is graver and the death under Section 304B has been recognized as
a grave but to a lesser extent than that under Section 302.38

There are exceptions under Section 302, I.P.C. If the case of murder comes in the ambit
of any exception, then it is a culpable homicide which attracts lesser punishment. But
in case of Section 304B, I.P.C., there is no exception.39 In this case, harassment
whether is physical or mental must be proved beyond reasonable doubt to bring a
person, who has harassed the women, in the ambit of Section 304B, I.P.C.

In Ashok Kumar v. State of Rajasthan40, the Hon’ble Supreme Court has laid down
that motive for a murder may or may not be. But in dowry deaths, it is inherent. And
hence, what is required of the court is to examine is as to who translated it into action
as motive for it is not individual, but of family.

6.1 FRAMING OF CHARGE – WHETHER U/S 302 OR 304 B:


In Shamnsaheb M. Multtani v. State of Karnataka41The Hon’ble Supreme Court has

observed:

“The question raised before us is whether in a case where prosecution failed to prove
the charge under Section 302 IPC, but on the facts the ingredients of Section 304-B
have winched to the fore, can the court convict him of that offence in the absence of
the said offence being included in the charge.

While section 221 and 22242 say that court on satisfaction might charge under different

37
Section 304B, I.P.C.
38
Narender Kumar, DOWRY DEATHS-A Critical Study of Emerging Judicial Trends in India,
Maharshi Dayanand University
39
Section 304B, Indian penal code; Section 302, Indian penal code
40
Ashok Kumar v. State of Rajasthan, AIR1991 (1) SCC 166
41
Shamnsaheb M. Multtani v. State of Karnataka, AIR (2001) 2 SCC 577.
42
Section 221, Indian penal code; Section 222, Indian penal code
11
offence of minor nature even if same has not been put forth in front of court.

A two-Judge Bench of the Supreme Court has held in Lakhjit Singh v. State of
Punjab43, that if a prosecution failed to establish the offence under Section 302 IPC,
which alone was included in the charge, but if the offence under Section 306 IPC was
made out in the evidence it is permissible for the court to convict the accused of the
latter offence. In this context, a reference to Section 464(1) of the Code is made. In
other words, a conviction would be valid even if there is any omission or irregularity
in the charge, provided it did not occasion a failure of justice. We often hear about
“failure of justice” and quite often the submission in a criminal court is accentuated
with the said expression. Perhaps it is too pliable or facile an expression which could
be fitted in any situation of a case. The expression “failure of justice” would appear,
sometimes, as an etymological chameleon (the simile is borrowed from Lord Diplock
in Town Investments Ltd. v. Deptt. of the Environment44, The criminal court,
particularly the superior court should make a close examination to ascertain Whether
there was really a failure of justice or whether it is only a camouflage. We have now
to examine whether, on the evidence now on record the appellant can be convicted
under Section 304-B IPC without the same being included as a count in the charge
framed.

CONCLUSION

Researcher after going through various documents regarding dowry and dowry death
has realized the importance of the topic and the legal framework of the same.
According to researcher’s understanding law is in place but the inconsonance is in its
functioning mainly as mentioned there is rise in the dowry deaths thus even though on
paper efforts are present but the omnipotent understanding of the issue decentralized
context is not present. Thus, there is requirement of various state as well as non-state
actors should work together for an aware society and researcher thinks that punishment

43
Lakhjit Singh v. State of Punjab, AIR 1994 supp. 1 SCC 173.
44
Lord Diplock in Town Investments Ltd. v. Deptt. of the Environment, AIR (1977) 1 All E.R 813:
1978 AC 359: (1977) 2 WLR 450 (HL).
12
provided for dowry death i.e. 7 years is less as it is (if not stated) murder in the literal
sense of the act and this needs to be understood and penalty in terms of imprisonment
needs to be increased.

LEGAL

Speedy clearance of Dowry cases: -Under the directive of the Supreme Court, these
cases should be cleared within six months. Instead, some of the cases have been
lingering for 12 to 16 years, since the arrests made under dowry related sections are
non-bailable. Those who lack resources to get legal aid remain locked in jail for years.
Most of these victims are senior citizens.

Legal help to victims: -Since most victims cannot interpret the law, while many
accused had not even ‘heard of’ 498 A & 304B till they found themselves behind bars.
Legal help may be provided to protect the interest of thousands of accused and arrested
men and their family members.

SOCIAL

Awareness: The first and foremost solution to the problem of dowry deaths is
awareness, taking into account the illiteracy rates in India most of the women who are
subject to the evil of dowry harassment are unaware of their legal rights.

Education: This is another approach to increase awareness by ed-ucating people about

such issues and imbibing such social issues in to the curriculum of primary education.

Stringent Punishments and speedy trials: Imparting Stringent punishments to the

people convicted of such crimes can also help to create a deterrence. Also, speedy trial
system also works in favour of the victim and acts as a deterrent.

Enforcement Mechanisms to be strengthened: In the Indian scenario, there are

legislations like the Dowry Prohibition Act, the Indian Penal Code and also legislations
like The Protection of Women from Domestic Violence Act, 2005 are in place but still
the problem of dowry demand continues, thus it is high time that the enforcement of

13
these legislations should be strengthened.

BIBLIOGRAPHY

CASES

 Kamlesh Panjiyar V. State Of Bihar (2014) 2 SCC 424

 State Of Himachal Pradesh vs Nikku Ram (1995) 6 SCC 219
 Appasaheb And Anr Vs State Of Maharashtra, (CRL.) 1613 Of 2005
 Bachni Devi V. State Of Haryana, (2011) 4 SCC 427

 Tolson V. Tolson, (1880) 23 Qbd 168


 State Of Punjab V. Iqbal Singh, Air 1961 SC 1532, 1537;

 Shanti V. State Of Haryana, Air 1991 SC 1532.


 State Of Punjab V. Iqbal Singh, (1991) 3 SCC 1.

 Amarjit Singh V. State Of Punjab, 1989 Cr Lj (Noc) 12 (P&H).
 Hem Chand V. State Of Haryana, Air 1995 SC 120
 Bhoora Singh V. State Of U.P., 1992 Cr Lj 2294 (All).
 Keshab Chandra Panda V. State Of Orissa, 1995 Cr Lj 174 (Ori).
 Krishan Lal V. Union Of India, (Fb), 1994 Cr Lj 3472 (P&H).
 Bhoora Singh V. State Of U.P, 1993 Cr Lj 2636 (All).
 Kans Raj V. State Of Punjab, 2000 Cri Lj 2993.
 Mahesh Kumar V. State, 2001 Cri Lj 4417 (All).
 State V. Orilal Jaiswal (1994), Air SC 1418.
 Koppisetti Subharao V. State Of A.P AIR 2009 SCC 2684
 Tarsem Singh V. State Of Punjab Air 2009 SCC 1454
 Satya Narayan Tiwari V. State Of U.P 2011 Cr Lj 445
 Mustafa Shahadal Shaikh Vs State Of Maharashtra 2012 AIR (Scw 5308)
 Dinesh Seth V/S State Of N.C.T. Of Delhi (2008) 14 SCC 94
 Hemchand V State Of Haryana, Air 1994 (6) SCC 727.
 Ashok Kumar V. State Of Rajasthan, Air 1991 (1) SCC 166

14
 Shamnsaheb M. Multtani V. State Of Karnataka, Air (2001) 2 SCC 577.
 Lakhjit Singh V. State Of Punjab, Air 1994 Supp. 1 SCC 173.
 Lord Diplock In Town Investments Ltd. V. Deptt. Of The Environment, Air (1977)
1 All E.R 813: 1978 Ac 359: (1977) 2 WRL 450 (Hl).
 V.N. Pawar V. State Of Maharashtra, Air 1980 SC 1271.

STATUTES AND ACTS

 Section 113b, The Evidence Act, 1872,

 Section 304B, Indian Penal Code
 Section 304b, Indian Penal Code; Section 302, Indian Penal Code
 Section 221, Indian penal code
 Section 222, Indian penal code
 The Protection of Women from Domestic Violence Act, 2005
 The Criminal Law (Second Amendment) Act, 1983
ARTICLE
 Section 2, The Dowry Prohibition Act, 1961, (Act No. 28 Of 1961), Ministry Of
Women And Children
 Narender Kumar, Dowry Deaths-A Critical Study Of Emerging Judicial Trends In
India, Maharshi Dayanand University

BOOKS
 P. K. Das, Protection Of Women From Domestic Violence
 B. M. Gandhi, Indian Penal Code (2008)
 Ratanlal Ranchhoddas et al., The Indian penal code (2016)
 Vij K. Textbook Of Forensic Medicine And Toxicology. 5th Edition. Elsevier,
2011, P. 206.

LAW REPORT

15
 PROPOSAL TO AMEND SECTION 304-B OF INDIAN PENAL CODE, 202ND
REPORT, LAW COMMISSION OF INDIA,
http://lawcommissionofindia.nic.in/reports/report202.pdf

16