This article has been written by Ms. Sonakshi Misra, a student studying B.A.LL.B. HONS. from Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur. The author is a 2^nd year law student. 

Introduction:

Dowry death as the name suggests is a demise that is related to dowry. Dowry means a practice of paying (money or property) by the family of the bride to the groom’s family, sometimes keeping disagreeable conditions such as if the desired sum is not paid, the marriage will not take place. It is a financial demand that results in the breaking of matrimonial ties, dowry deaths, parents not wanting a girl child, etc. In contemporary India, we are all aware that dowry is something that shall not be accepted. It is a practice that has been declared illegal and termed a criminal offence. The Dowry system had been widely embraced and observed in ancient India but at no cost, such a despicable practice could have been accepted in modern India. The Indian government had to take steps to eradicate this contemptible system. The first step was the enactment of the Dowry Prohibition Act, 1961 on May 1, 1961, to terminate the give and take of dowry. The most significant step was the insertion of a penal provision in the Indian Penal Code, 1860 i.e., Section 304B by the Dowry Prohibition (Amendment) Act 1986, (Act 43 of 1986).  Moreover, Section 113B of the Indian Evidence Act of 1872 resulted from the same amendment of 1986 as mentioned above. Both sections were given effect to combat the menace of dowry killings. There are other legislative provisions that have a part to perform in establishing dowry death as an offence and making it punishable. Moreover, there are case laws that are significant for acquiring complete knowledge of the offence of dowry death.

What is dowry death and how is it a dreadful crime?

Dowry death in layman’s terms means a substandard practice where the in-laws or husband put forward an unreasonable demand for money and property from their daughter-in-law/wife or her family. Such unjustifiable demands often result in either commitment of suicide by the girl due to undue pressure or the girl being killed when these disgusting desires are not fulfilled. Dowry was a prerequisite for marriage to occur and effected in withdrawal from the promise of marriage by the groom’s family. Even after marriage, such gruesome demands continue to be raised by the in-laws and the husband which often lead to disheartening outcomes such as the killing of the married girl or suicide by her under extreme pressure. The Dowry system has led to many physical and mental atrocities for the bride and her family. It has been quite common to receive horrifying and dismaying news regarding death incidents of girls due to extravagant desires for dowry such as a girl burned down by her in-laws, the body of a girl buried and found being nibbled by dogs, strangling of a woman to death by in-laws, a woman commits suicide because of dowry harassment, etc. These incidents convey how dreadful this dowry system is and what makes it a crime are the legislative provisions that were enacted to abolish and make this cruel practice punishable.

Decoding the Legislative Measures undertaken to obliterate the Hideous Dowry System:

It is a well-known belief amongst Hindus that “यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवता: । यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफला: क्रिया:।. It means that divineness exists in a place where women are respected and the place where they are dishonoured, all deeds no matter how noble they may be, remain unfruitful.”  Even the Holy Quran establishes that women have similar rights as men. Prophet had instructed all Muslims that in respect of women, they shall fear Allah and declared that the more faithful a Muslim is to his religion, the more kind and civil he is to his wife. The same is the honour that women receive in all other religious texts. Even after such directions and beliefs, malpractices against women are prevalent in almost all forms and all religions. Being a democratic country, the Indian government cannot overlook the injustices against women and as its duty must try to come up with legislations that helps stop awful crimes against women such as offences related to demands of dowry. Acting vigilantly and responsibly to give a halt to offences related to the dowry system, the first legislation enacted was the Dowry Prohibition Act of 1961. Furthermore, through a few amendments, provisions were inserted in the Indian Penal Code of 1860 and the Indian Evidence Act of 1872 to curtail the ghastly social curse, “The Dowry System”.

The Dowry Prohibition Act, 1961:

The Dowry Prohibition Act of 1961 was the very first legislation that was enacted on 1^st May 1961 for prohibiting the give and take of dowry. This Act is also known as Act No. 28 of 1961 and consists of a total of 13 sections. Section 2 of this Act gives a lucid definition of what constitutes a ‘dowry’. Section 3 defines the penalty for giving or taking dowry. Under Section 3 a person shall be punishable with imprisonment for a term not less than five years, and with a fine, not less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more. Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of fewer than five years. Section 4 mentions the penalty for demanding dowry i.e., punishable with imprisonment for a term not less than six months but which may extend to two years and with a fine which may extend to ten thousand rupees. Proviso of this section says the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of fewer than six months. Section 5 makes any agreement for the giving or taking of dowry void. Section 8 says that “(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences – (a) for investigation of such offences; and (b) for matters other than – (i) matters referred to in section 42 of that Code; and (ii) the arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be non-bailable and non-compoundable.” Section 8B provides for the appointment of Dowry Prohibition Officers by the State Government. Section 9 and 10 gives the power to Central Government and State Government to make rules by notification in Official Gazette for carrying out purposes of the Dowry Prohibition Act of 1961.

Legislative provisions enacted to prevent the crime of Dowry Death:

Indian Penal Code of 1860 is also known as Act XLV of 1860 or Act 45 of 1860. It was passed on 6 October 1860. On the other hand, the Indian Evidence Act of 1872 also known as Act I of 1872 and came into force on the first day of September 1872. Section 304 B and Section 498A of the Indian Penal Code, 1860 as well as Section 113B of the Indian Evidence Act 1872 are the sections that were fundamentally inserted for combating the menace of dowry deaths. Section 304B was inserted by Dowry Prohibition (Amendment) Act 1986, (Act 43 of 1986).  Furthermore, Section 113B of the Indian Evidence Act of 1872 also resulted from the Act 43 of 1986. Section 498A has been instituted by the Criminal Law (Amendment) Act, 1983 (Act 46 of 1983). 

Section 304B mentions “Dowry death”. It can be read as follows: 

(1) 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. 

Explanation. —For this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(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 under Section 304B is a cognizable and non-bailable offence. It is triable in the Court of Sessions.

Section 498A is as follows: “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.

Explanation. —For this section, “cruelty” means—

(a) 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

(b) harassment of the woman where such harassment is to coerce 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.

Section 113B talks about “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 has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.

Explanation. —For this section, “dowry death” shall have the same meaning as in section 304B, of the Indian Penal Code, (45 of 1860).

Furthermore, a section of Cr.P.C. i.e., Section 174 (Police to enquire and report on suicide, etc.) can also be said to have a fundamental role to play in cases of dowry death. This section lays down a procedure that should be followed by the police and the magistrate during cases of suicides and deaths that may have occurred unnaturally.

Relevant Case Laws:

In the case of “Shanti v. State of Haryana, AIR 1991 SC 1226: 1991 Cr LJ 1713”, the Apex Court explained the ingredients of Section 304B. K Jayachandra Reddy, J, said:

A careful analysis of section 304B shows that this section has the following essentials:

1. The death of a woman should be caused by burns or bodily injury or otherwise than under normal circumstances;

2. Such death should have occurred within seven years of her marriage;

3. She must have been subjected to cruelty or harassment by her husband or any relative of her husband soon before her death;

4. Such cruelty or harassment should be for or in connection with the demand for dowry;

This section will apply whenever the occurrence of death is preceded by cruelty or harassment by the husband or in-laws for dowry and death occurs in unnatural circumstances. The intention behind the section is to fasten guilt on the husband or in-laws though they did not in fact cause the death. – Bakshish Ram v. State of Punjab, AIR 2013 SC 1484 : (2013) 4 SCC 131.

In the case of Indrajit Sureshprasad Bind v. State of Gujarat, (2013) 14 SCC 678 : (2013) 2 SCR 931, It was held that to establish the offence of dowry death under section 304B, IPC, 1860, the prosecution has to prove beyond reasonable doubt that the husband or his relative had subjected the deceased to cruelty or harassment in connection with the demand of dowry soon before her death.

The word “relative of the husband” in section 304B of IPC, 1860 would mean such persons, who are related by blood, marriage or adoption. The brother of the aunt of the husband is not a relative. – State of Punjab v. Gurmit Singh, 2014 Cr LJ 3586 : AIR 2014 SC 2561.

Principles relating to section 304B IPC, 1860 and 113B Evidence Act were summarized by the Apex Court in the case of Kashmir Kaur v. State of Punjab, AIR 2013 SC 1039 : 2013 689: 

(a) To add to the provisions of section 304B, IPC, 1860, the main ingredient of the offence to be established is that soon before the death of the deceased, she was subjected to cruelty and harassment in connection with the demand for dowry.

(b) The death of the deceased woman was caused by any burn or bodily injury or some other circumstance which was not normal.

(c) Such death occurs within seven years from the date of her marriage.

(d) That the victim was subjected to cruelty or harassment by her husband or any relative of her husband.

(e) Such cruelty or harassment should be for or in connection with the demand of dowry.

(f) It should be established that such cruelty and harassment was made soon before her death.

(g) The expression (soon before) is a relative term and it would depend upon the circumstances of each case and no straightjacket formula can be laid down as to what would constitute a period of soon before the occurrence.

(h) It would be hazardous to indicate any fixed period and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under section 113B of the Evidence Act, 1872.

(i) Therefore, the expression “soon before” would normally imply that the interval should not be much between the concerned cruelty or harassment and the death in question. There must be the existence of a proximate or life link between the effect of cruelty based on dowry demand and the concerned death. In other words, it should not be remote in point of time and thereby make it a stale one.

(j) However, the expression “soon before” should not be given a narrow meaning which would otherwise defeat the very purpose of the provisions of the act and should not lead to absurd results.

(k) Section 304B is an exception to the cardinal principles of criminal jurisprudence that a suspect in Indian law is entitled to the protection of Article 20 of the Constitution, as well as, a presumption of innocence in his favour. The concept of deeming fiction is hardly applicable to criminal jurisprudence but in contradistinction to this aspect of criminal law, the legislature applied the concept of deeming fiction to the provisions of section 304B.

(l) Such deeming fiction resulting in a presumption is, however, a rebuttable presumption and the husband and his relatives, can, by leading their defence prove that the ingredients of section 304B were not satisfied. (Doctrine of Reverse Burden)

(m) The specific significance to be attached is to the time of the alleged cruelty and harassment to which the victim was subjected to, the time of her death and whether the alleged demand of dowry was in connection with the marriage. Once the said ingredients were satisfied, it will be called dowry death and by deemed fiction of law, the husband or relatives will be deemed to have committed that offence.

A two-judge bench of the Supreme Court in the case of “Rajibir v. State of Haryana, AIR 2011 SC 568 directed that all Trial Courts to ordinarily add Section 302 (punishment for murder) to the charge of Section 304B so that death sentences can be imposed in such heinous and barbaric crimes against women.

The Supreme Court, in Bhupendra v. State of MP, 2014 Cr LJ 546 : 2014 (1) SCJ 627, examined whether an offence under section 304B and 306 together would be attracted in a case and was of the opinion that section 306 of IPC, 1860 is much broader in its application and takes within its fold one aspect of section 304B of the IPC, 1860. These two sections are not mutually exclusive. If a conviction for causing a suicide is based on section 304B of IPC, 1860, it will necessarily attract to section 306 of IPC, 1860. However, the converse is not true.

Conclusion:

Demanding dowry was a part of Ancient Indian traditions. When India moved towards modernisation and progress, it was certain that traditions like the give and take of dowry could have found no space and recognition. Furthermore, in circumstances where such a tradition was leading to a heinous offence like dowry death, indubitably, it came into the cognizance of everyone and hence steps were started to be taken to discontinue such a discriminatory and horrible practice. For preventing the give and take of dowry and deleterious offences like dowry deaths related to it, steps taken by the Legislature played a crucial role and made a huge contribution in combating such a horrendous system or practice. Yet, it is not only for the Legislature to step in and act but with the passage of time, it is the need of the developing and flourishing society that people also become vigilant of such practices and support and perform their part to stop the same from subsisting. It shall be alarming as well as shocking to know that even after the enactment of strict legislations and court orders on the matter, the dreadful crime of dowry death continues and hence, it commands for the change of mindset and respect of law amongst the orthodox and filthy mindset people especially. Women shall be treated equally and with dignity. They also should not bow down to such adverse incidents in their life but fight back with power and courage which is remarkably essential to entirely cease this depraved and inimical crime.

References:

1. Sloka Yatra naryastu pujyante ramante tatra Devata with meaning – Devshoppe
2. What Quran says about women’s rights | Pulse Nigeria
3. A study of socio-etiological aspects in dowry death cases – iPleaders
4. The Dowry Prohibition Act, 1961|Legislative Department | Ministry of Law and Justice | GoI
5. 6 Most Important Case Laws on Dowry Death – Section 304B, IPC (writinglaw.com)
6. Indian Kanoon – Search engine for Indian Law
7. Ratanlal and Dhirjalal, The Indian Penal Code, 36th Edition, Lexis Nexis (Gurgaon, Haryana, India), 2019 (Reprint 2022).

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