The Indian Penal Code, 1860 - Sections 304B, 498A and 201 – Dowry Death - Where the death of a woman caused by burns or bodily injuries occurs otherwise than under normal circumstances within seven years of her marriage and evidence reveals that ‘soon before her death’ she was subjected to cruelty or harassment by her husband or any of his relatives for or in connection with anydemand for dowry, such death is described as ‘dowry death’ under Section 304B IPC for which the punishment extends to imprisonment for life but not less than imprisonment for seven years. By virtue of Section 113B of the Evidence Act, the Court has to raise a presumption of ‘dowry death’ if the same has taken place within seven years of marriage and there is evidence of the woman having been subjected to cruelty and/or harassment. It must be remembered that cruelty and harassment on a married woman and demand of dowry are generally committed within the four walls of residential houses and in secrecy, thereby making it difficult to get direct evidence. That is why the legislature by introducing Section 113B in the Evidence Act tried to strengthen the prosecution case by enabling the Court to raise the presumption if certain basic facts are established and that death has taken place within seven years of marriage. Considering the scope of Section 304B IPC and presumption under Section 113B of the Evidence Act, due weightage is to be given to the evidence of the father, brother, sister and other relatives of the deceased with regard to the case put forth relating to demand of dowry.
Posted on: Tue, 25 Nov 2014 21:27:53 +0000
Trending Topics
Recently Viewed Topics
© 2015