Appellant No. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… In the name of tradition which has to be followed by the bride’s family give valuables to the groom’s family. As a result of such comments and taunts by the appellants, she committed suicide and died due to the burn injuries. In underdeveloped areas, the literacy rate is very less and people are unaware of the laws relating to dowry, which led to the increased demand for dowry by the others. The women should not misuse the very own Section which is made to protect her. Indian Penal Code, 1860. rigorous imprisonment and Rs 200 fine in default more 3 months to his imprisonment will be added. In this case, the Court noted that there is no evidence at all that the deceased died of poisoning. Whether she was subjected to any cruelty or harassment soon before her death and the same was in connection with the demand for dowry. Section 304- B has been inserted with a view to curb the growing atrocities against women, where thousands of young women were … He also says that the investigating agencies and courts should guard the laws made and should not allow an innocent person to suffer on baseless and evil allegations made by anyone. The petitioner says that the offence is made to protect women against dowry and not for misusing it against the innocent family members as a weapon. Regarding the limitations on interference in appeal, the Court observed : "It is well to remember that while the search of the truth and adjudicatory function of the judiciary are not strange bedfellows, these self-imposed limitations on the pursuit are based on the nature of jurisdiction. Posted in: Family Law. Then the court will assume such a person responsible for her death. Therefore, dowry death is recognized to be one of the crimes committed against women. It has noted that the offence of dowry death under Section 304B of the IPC cannot be made out if the cause of death has not been established as unnatural. The trial court had acquitted them holding that the offence of dowry death was not proved. The State Of Punjab vs Gurmit Singh on 2 July 2014, Misuse of the provision and its Constitutionality. The prosecutor filed a case for torturing the deceased and subjected her to cruelty in order to make her bring more dowry. 1 is the husband and his deceased wife Urmil. Death must occur within the seven years of marriage. In court, it was argued by the learned counsel of the appellant that there is no offence committed here as it does not fulfil the essential ingredients of Section 304B of Indian Penal Code and also no evidence was found out that soon before her death the deceased in any way was subjected to cruelty or harassment in connection with the demand for dowry. Even the material (wiper)recovered,according to prosecution,and which allegedly was used to clean vomit of the deceased,did not disclose any poison". The judgment authored by Justice K M Joseph explained the ingredients of the offence under Section 304B IPC as follows : "The ingredients of the offence are well-settled. They should not use a restrictive approach in the matter relating to dowry. Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death if, it is shown that soon before her death, she was subjected by such person for cruelty or harassment for or in connection with demand for dowry"(Paragraph 36). Interestingly no such period is specified in S 498A. The Court after examining all the evidences, it was held that persons who are charged under Section 304-B, 306 and 498-A will be free from these criminal charges as the prosecution failed to produce the evidence against them and only mother-in-law will be held guilty under Section 324 of the Indian Penal Code as voluntarily causing hurt to her daughter-in-law. Presumption as regard to dowry death has been defined under Section 113 B of the Indian Evidence Act, 1872. State Of Himachal Pradesh vs Nikku Ram And Ors on 30 August 1995, During the investigation, the sharp-edged blade was recovered and after the completion of the investigation husband, sister-in-law and mother-in-law were charged under the Section of, The Court after examining all the evidences, it was held that persons who are charged under Section 304-B, 306 and 498-A will be free from these criminal charges as the prosecution failed to produce the evidence against them and only mother-in-law will be held guilty under. She did not fulfil the demands and was subjected to face torture and harassment by the appellants like commenting on her that she looks ugly etc. In this article, we’ll discuss the offences relating to dowry death and presumptions as to dowry death. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. Dowry death is a non-bailable and cognizable offence. 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.Following is the synopsis of the provisions for dowry death under IPC: They started demanding several things from her which was not fulfilled by her. No traces of poison were found in the body of the deceased or in the crime scene. In this case, the petitioner under Article 32 of the Constitution challenged the validity of Section 498A of the Indian Penal Code to be Unconstitutional. The accused were not found in possession of poison. The women should not misuse the very own Section which is made to protect her. Therefore, dowry death is recognized to be one of the crimes committed against women. And deserve to be a dignified status in society. of the Indian Penal Code 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 other relative of the husband in connection to demand dowry then the death of the woman will be considered as a dowry death. http://www.aaptaxlaw.com/IPC/section-304b-ipc-dowry-death-punishment-for-dowry-death-sec-304b-of-indian-penal-code-1860.html, http://www.legalserviceindia.com/legal/article-1245-dowry-and-dowry-death.html, http://lighttheminds.com/causes-of-dowry-system-social-effects-and-how-to-stop/, Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, Women-centric laws : consequences faced by males, Analysis of the enforcement of the decree against legal representatives, Brief study of Protection of Women from Domestic Violence Act and its obligations. 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