DOWRY DEATH

As indicated by segment 304B Dowry Death, if a lady passes on because of any consumes or substantial injury, or in any case than under ordinary conditions, inside seven years of her marriage, and it is demonstrated that she was exposed to savagery or badgering by her significant other or any relative of her better half for, or regarding, any endowment interest, such demise will be viewed as a share death,Such passing will be known as “Settlement Death,” and her better half or relative will be considered liable for her demise.

Endowment is characterized under Section 2 of the Dowry Prohibition Act, 1961 ‘settlement’ signifies any property or important security given or consented to be given either straightforwardly or by implication-

(a) By one gathering to a union with the other party to the marriage; or

(b) By the guardians of one or the other party to a marriage or by some other individual, to one or the other party to a marriage or to some other individual, at or previously or any time after the marriage regarding the marriage of said parties; however does exclude dower or mahr on account of people to whom the Muslim Personal Law (Shariat) applies.

Dowry (Ancient Scenario)

• The term “kanyadan” is related with ancient Vedic marital customs.
• The virtuous deed of kanyadan is not complete until the bridegroom is given a  dakshina, according to Dharmashastra. 
• When a bride is handed over to a husband, he must be given something in cash or  kind, which is known as Varadakshina.
• As a result, kanyadan became connected with varadakshina, or the financial or in-kind presents given to the bridegroom by the bride’s parents or guardians.
• The varadakshina was given as a token of affection and not as a condition or consideration for the marriage. It was a consensual practise with no undertones of coercion.

Dowry (Present Scenario)

• Dowry has evolved into a pervasive societal blight and the most pressing issue  confronting women today.
• In some cultures, marriage is becoming a major source of exploitation and quick 
• The rise of education has not aided in the reduction of dowry as a social ill. 
• The higher the young man’s educational level, the larger the dowry demands.
• In India, the dowry system is one of the most common causes of female infanticide  and foeticide. 
• Another repercussion of this wickedness is domestic violence.
• The Dowry Prohibition Act, 1961, was adopted by the Indian Parliament to reduce  the negative impacts of dowry. 
• The purpose of the Act is to make dowry giving and receiving illegal.

Essentials of Dowry Death (Sec 304B)

• A woman’s death should be caused by burns, bodily injury, or something else other than typical circumstances.
• A death like this should have happened during the first seven years of her marriage.
• Her husband or any of her spouse’s relatives must have treated her cruelly or harassed her.
• Such brutality or harassment should be used in response to, or in connection with, a dowry demand.
• The woman was subjected to such brutality or harassment shortly before her death, according to the evidence.

Dowry related offences under IPC

• When a married woman is subjected to abuse and harassment, there are four scenarios that lead to the commission:

1) Cruelty to a lady by a husband or family member. IPC Section 498A

2) IPC Section 304B Dowry Death

3) Wrongful death of a lady (IPC Section 302)

4) Aiding and abetting suicide – Section 306, IPC

Cruelty

Cruelty is characterized in Section 498A of the Indian Penal Code. Savagery is characterized as any wilful direct that is probably going to drive a lady to end it all or to make grave injury or peril the lady’s life, appendage, or wellbeing, regardless of whether mental or physical; or Harassment of a lady with the plan of forcing her, or any individual Identified with her, to satisfy any unlawful need for any property or significant security, or is based on allegation

Pawan Kumar V State of Haryana (1998)

It is demonstrated by the husband’s and his relatives’ need for a scooter and a refrigerator shortly after the marriage. Failure to fulfil the demand resulted in continuous taunts and mistreatment of the deceased. A quarrel between her husband and the deceased, as well as the regret that it would be difficult to see her face in the future, are obvious evidence of her husband’s and family members’ brutality and maltreatment.

The accused was found guilty under section 304B of the Indian Penal Code.

Dowry offences and Trial Dowry offences are:

• They are not cognizable for the purposes of investigation; yet, they are cognizable for the purposes of investigation.
• Offenses that cannot be compounded
• Non-returnable Cognizance of a dowry is taken up by the magistrate himself or based on a FIR, OR a complaint submitted by: a parent.
• Recognized welfare institute or organisation of such person’s other relatives a complaint can be filed at any time after the offence has been committed, but if it is filed after a long period of time, the court may refuse to hear it if no plausible explanation for the delay is provided.

Ashok Kumar V State of Haryana (2010)

FACT: The dead and Ashok Kumar (appellant) were married for two years in this case. The deceased’s father had provided adequate dowry at the time of her marriage based on his means, desires, and capabilities, but her mother in law and brother in law were not content, and they allegedly tormented and maltreated her, including beatings. They had demanded various items such as a refrigerator and television, and one week prior to the occurrence, the deceased went to her father’s house and told them the entire storey. She claimed that her husband wanted to start a new business and needed Rs. 5000 to do so. Because her father was unable to arrange for this, her mother-in-law and brother-in-law set fire to the deceased by splashing kerosene oil on him, causing him to perish.

HELD: The accused, Ashok Kumar (husband), his mother in law, and his brother in law, were found guilty of an offence punishable under section 304B of the code and sentenced to ten years in prison and a fine of Rs 1000.

 While affirming the judgement, the Supreme Court stated that though the accused is a young person of 48 years, the court gave seven years of harsh imprisonment based on the facts and circumstances of the case.

Venugopal V State of Karnataka (1999) 2 SCC 216

• The appellant husband was found guilty of dowry death under section 304 B of the Indian Penal Code for causing his wife to commit suicide within two years of their marriage.
• Constant dowry demands, which resulted in poor treatment, harassment, and torture of the wife at the hands of her husband shortly before her death, drove her to commit suicide.

Punishment

According to Section 304B of the Indian Penal Code, anyone commits dowry death is punishable by imprisonment for a term of not less than seven years but not more than life.

Conclusion of the Topic

• Despite widespread protests, significant campaigning, legal reforms, dedicated police cells for women, media assistance, and increased knowledge that dowry is a crime, the practise continues on a vast scale.
• Despite its negative connotations, dowry remains the hallmark of marriage.
• It is widely acknowledged that dowry is a difficult problem to solve. However, such a social threat can be countered with effective strategic measures that safeguard the Indian bride’s dowry and allow it to be considered as her own property.