This article is written by Ms. Roshani Chaudhary of 4th semester studying B.A.LL.B(hons) in UNIVERSITY OF RAJASTHAN, FIVE YEAR LAW COLLEGE, JAIPUR.
INTRODUCTION:
DOWRY is a word which has a deep meaning in itself. Dowry death is the most sensitive topic which means that women are getting punished by their husband or her husband’s family members. Taking or giving dowry is considered as crime but in our society this word has been replaced by GIFT. The family of groom demand cash, jewellery, car, etc whatever they want. In our society bride’s family usually accept those wishes in this manner that their daughter will be happy if they fulfil those conditions. But in the end greedy people will be greedy, even after marriage they demand more and if not fulfilled then their all frustration just laid down on the bride. They can’t even treat that woman who left everything for them like a human being. From this the whole concept of dowry death has been started. We have heard a lot of cases of dowry death like the man’s family beaten up the girl this much that she lost her life or they burnt the girl or disown her as their daughter-in-law. Dowry death is the most heinous crime which have been presented because of the greedy people. They think that if they have spent a lot on their son’s education then they will refund all amount in the name of dowry. If they want a car then they will demand this, even microwave, television etc. They demand according to their greed they even can’t accept this as a crime and not even think how much problem they are creating to the girl’s family. This doesn’t even end here, if the girl’s family not able to arrange dowry then they threaten them to cancel her wedding. They can’t even think that if someone is rejecting their girl just for a sake of money then how they are supposed to keep her happy. After marriage, their greed doesn’t end and they threaten the whole family to kill their daughter or torture her. Just how society will react if their daughter become a divorcee or come back to her home, they just leave her in the hell. And at last out of frustration, she got killed by her in laws. This world is too cruel on women, they just think that she is just a toy and they can play whenever they want.
Section 304B of the IPC states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any connection to relative of the husband in connection as a dowry death.
Punishment of dowry is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life.
ESSENTIALS OF DOWRY DEATH:
- Death must be caused by burns, bodily injury or other circumstances.
- Death must occur within seven years of marriage.
- It must be disclosed that soon before her marriage, she was exposed to cruelty or harassment by her husband or any other relative.
- The cruelty or harassment of her should be connected to the demand for dowry.
PUNISHEMENT:
Under section 304B of Indian Penal Code, dowry death is being defined with the punishment if death has been occurred. Imprisonment will not be more than 7 years but can be extend upto imprisonment of life. It depends upon the cruelty. The offences are being classified as:
- Cognizable
- Non-cognizable
- Non-compoundable
- Tribal by court of session
CASE LAWS:
KAMLESH PANJIYAR v STATE OF BIHAR:
Jaikali devi { deceased} got married in 1998. At that time, Rs.40,000 was paid as dowry. During her bidai, groom side demanded a buffalo(she). But the demand was not fulfilled at that time. After marriage, the deceased had complained about torture and ill treatment by her husband and other members of his family several times. On 28 November 1989, her brother Sudhir Kuamr Mahto, heard some rumours about her sister’s death. His father, he , his uncle went to the appellant’s village. The body of her sister was lying in the verandah and blood was coming out of her mouth. Also, marks were present on her body.
Court held that it was not a case of natural death. Court recorded the conviction under Article 304B of IPC and the punishment was granted to her husband. He then appealed to high court and high court upheld the conviction. He then appealed to the Supreme Court and supreme court held that collected reading of the section 113B of the Indian Evidence Act and section 304B of the Indian Penal Code ascertains that there should be some proof to show that so before the victim’s death, she has suffered harassment or torture by the family of her husband. Also the court stated that in the cases of dowry death, the presumption is that direct evidence is not necessarily required. Also, nothing was brought by the defence on record to explain the injuries on the neck of the deceased. Hence, the conviction under section 304B was justified.
BACHNI DEVI v STATE OF HARYAN:
The Supreme Court held that any demand of any property or valuable security which is in any way connected with marriage constitutes dowry demand.
RAJINDER SINGH v STATE OF PUNJAB:
The court held that the term “soon before death”. The court in this case observed that times delays might vary in cases. But what is necessary is that the demand for the dowry should be continuing cause for the death of the married woman.
SATBIR SINGH & ANOTHER v STATE OF HARYANA:
The Supreme Court observed that the phrase “soon before death” cannot mean “immediately before”. The bench further observed that a close link between dowry death and cruelty or torture by the husband and his relative must exist.
This observation was made while the bench was rejecting the appeal filed by the accused convicted for the offence under section 304B challenging the judgement passed on 6 November 2008.
STATE OF BIHAR v NASRUDDIN MIAN:
Supreme Court held that dispassionate examination of evidence must be done by the courts and judges. And while passing the judgment, the court and judges should not be driven by the horror of the crime or the character of the person.
The trial court had passed a sentence whereby the husband and the sister-in-law of the deceased wife were punished for the offence of dowry death.
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