CRITICAL STUDIES OF CASES RELATED TO DOWRY DEATH

IN INDIA

Indian Penal code 4.4

Submitted by:
Mohit Singh Kushwah
SM0116025
2nd Year; IVth Semester

National Law University and Judicial Academy,Assam

i
 Contents

Table of Cases………………………………………………………................................. ii-iii

Table of Statues..................................................................................................................iv
Table of Abbreviations.......................................................................................................v-vi
Introduction……………………………………………………………………….................1-2
Aim(s)…………………………………………………………………………….............. ......2
Objectives (s)…………………………………………………………………….................. ...2
Scope and Limitations………………………………………………………….......................2
Review of Literature……...………………………………...…………………….................2-3
Research Questions ………………………………...….........................................................3
Research Methodolgy...........................................................................................................4
History of Dowry System in India......................................................................................4-5
An overview of Dowry Prohibition Act...........................................................................5-8
Supreme Court analysis on Relevant Provision of Dowry Death......................................8
IPC 304 B: Dowry Death.....................................................................................................9

IPC 498A: Husband or relative of husband of a woman subjecting her to

cruelty......................................................................................................................................12-15
Law Commission Report on Dowry Death..........................................................................15-16
Basic Flaws and Ambiguities in the Law......................................................................16-17
Conclusion…...…………………………………………………………………............................17
Bibliography………...………………………………………………………….....................vii

ii
 Table of Cases

1. Amar Singh v State of Rajasthan

2. Appasaheb $ Anr v state of Maharashtra
3. Arun Garg v State of Punjab $ Anor
4. Bachni Devi $ Ane v state of Haryana

5. Baljeet Singh v State of Haryana

6. Baljeet Singh v State of Haryana
7. Bansi Lal v State of Haryana
8. Bhuneshwar Prasad Chaurasia $ Anor v state

9. Devi Lal v State of Rajasthan

10. Devinder Singh v state

11. GM Natarajan v State

12. Gurditta singh v State of Rajasthan

13. Harjit Singh v State of Punjab

14. Heera Singh v State of Uttaranchal
15. Hira Lal v State (Govt of NCT Delhi)

16. Kaliyaperumal $ Anor v state of Tamil Nadu

17. Kamlesh panjiyar v State of Bihar
18. Kans Raj v State of Punjab
19. Keshab Chandra Pande v State
20. Kishan Singh v State of Punjab
21. Pawan Kumar v State of Haryana
22. Rajesh Bhatnagar v State of Uttarakhand
23. Ram Badan v State of Bihar
24. Satvir Singh v State of Punjab
25. Shanti v State of Haryana

26. Shindo @ Sawinder Kaor $ Anr v State of Punjab

27. State of Andhra Pradesh V Raj Gopal Asawa

28. State of Karnataka v MV Manjunethagowda

29. State of Karnataka v MV Manjunethagowda

iii
 27. State v Niranjan Mohapatra
28. Sudhir Kumar v State of Punjab
29. Tarsem Singh v State of Punjab
30. Tarsem Singh v State of Punjab
31. Vemuri Venkateswara Rao v State of Andhra Pradesh

Table of Statues
1872 - Indian Evidence Act
1860 - Indian Penal Code
1961 – Dowry Prohibition Act

iv
LIST OF ABBREVIATIONS
& And

¶ Paragraph

§ Section

AIR All India Reporter

All Allahabad
Anr. Another
AP Andhra Pradesh
APLJ Andhra Pradesh Law Journal
Art. Article
Ass. Assam
Bom Bombay

Cal Calcutta
CCR Current Criminal Report
Cr. Criminal
Cr LJ Criminal Law Journal
Cri Criminal
Del Delhi
DLT Delhi Law Times
DMC Divorce and Matrimonial Cases

DP Act The Dowry Prohibition Act, 1961

Guj. Gujarat
GLH Gujarat Law Herald

GLR Gujarat Law Reporter

HP Himachal Pradesh
ILR Indian Law Reports
J.T Judgment Today
Kar Karnataka

v
 Ker Kerala
Ltd. Limited
L.W.(Cr.) Law Weekly (Criminal)
Mad Madras
MP Madhya Pradesh
NTN Native Title News
Ors. Others
P. Private
Pat Patna
Punj&Har Punjab and Haryana
Raj Rajasthan
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court Reporter
STA State Transport Authority
Supl. Supplementary
UOI Union of India
v. Versus
Vol. Volume

vi
Abstract:

Hindu marriage can be defined as a religious sacrament in which a man and woman are
bound in a spiritual purposes of dharma, procreation and sexual pleasure. An important
custom involved among the marriages is dowry. Any property or valuable security given or
agreed to be given either directly or indirectly by one party to the marriage to the other party
to the marriage by the parents of either party to the marriage or by any other person, at or
before any time after the marriage is dowry. The present paper discusses about death
because of dowry and the supreme court cases related to dowry death.

Key Words: The Hindu Marriage, Sacrament, , Kanyadan, Stridhana and Dowry, Dowry
Death

Introduction

Dowry is derived from the ancient Hindu custom of "Kanyadan", where the father presents
his daughter jewellery and clothes at the time of her marriage, and "varadakshina", where the
father of the bride presents the groom cash or kind. Both of these were done voluntarily and
out of affection and love. These days, these customs have rendered coercive and brutally
dangerous. What was originally intended to be a taken dakshina for the bridegroom has now
gone out of proportion and has assumed the nomenclature 'dowry the practice of dowry has
existed in different forms since the beginning of time.1

In Muslim law, a mahr or consideration was paid to the bride. Stridhana was property and
gifts given to a bride by her parents at the time of marriage. Under all religions and situations,
it was meant to provide a good and stable life to the woman or the newlywed couple as they
began their life together. With time, it turned into a weapon of the greedy and leads to the
present practice of dowry, wherein a bride or her family must pay consideration to the groom
or his family for marrying her. The lack of acceptable amount of dowry or goods can lead to
the marriage being broken off or worse, after marriage torment and abuse to the bride and her
family. When the dowry amount is not considered sufficient or is not forthcoming, the bride
is often harassed, abused and made miserable. This abuse can escalate to the point where the
well being and at times, even the life of the bride threatened.

1
ArchitBhardawajanTaranDeepArora,“DowryProhibitionAct1961”http://www.saveindianfamily.org/images/stor
ies/IIMB_law_project.pdf ( september1,2017)

vii
Dowry dispute is used as a garb to undermine the value of the woman herself, of taunting her
for the sake of troubling her and showing her inferior place. Rulers in ancient times made this
system rampant. Dowry was seen as a status symbol and a prestige issue in those times. The
trend continues even today. On 24th April, 1959 the dowry Prohibition Bill, 1959 was
introduced in the Lok Sabha. After some discussion, the Bill was referred to a Joint
Committee of both the Houses of Parliament. The Dowry Prohibition Bill was finally passed
in the Joint Sittings of both the Houses of Parliament and it became an Act - The Dowry
Prohibition Act, 1961 and it received the assent of the President on 20th May 1961.2

Aim

To find out the basic provision of Dowry Death Section “304 B” of the IPC and an overview
of Dowry Prohibition Act.

Objective

 To study the provisions and Supreme court on Dowry Death.

 To understand the basic purposes of Dowry Prohibition Act 1961
 To know the basic flaws and ambiguities in the law

Scope and Limitation

The Scope of this project limited to Supreme Court cases on Dowry Death Section “304 B”
of the IPC: A critical Analysis

Review of Literature

P S A Pillai, “CRIMINAL LAW”, 12th ed. 2014, LexisNexis,

P.S.A. Pillai's Criminal Law has deservedly been described as a classic text on the Indian
Penal Code, 1860, ever since the publication of its first edition in 1956. It systematically and
clearly provides an in-depth analysis of all the categories of offences incorporated in the
Code. Retaining the scheme and essential facets of the previous editions, the revising editor
has developed the work in the light of leading judicial pronouncements and emerging trends
in the field. He also offers a critical analysis of reforms that have been proposed by the Law
Commission and other bodies. The book is primarily about the substantive law of crimes in
India; however, it very helpfully explains relevant provisions of the Code of Criminal
Procedure, 1973 and the Indian Evidence Act, 1872, and thus places the law in a practical

2
Ibid

viii
context. Written in a simple and lucid style and supported with rich authorities, judicial as
well as scholarly, this latest edition will retain its decades old appeal for all persons interested
in the field of criminal law. This book is an essential companion for practitioners,
academicians and trial court judges, especially those at the outset of their careers. The current
edition will be a welcome entrant to the libraries of senior members of the profession, many
of whom have relied, at one time or another, on Pillai's Criminal Law, as a handy reference.

K.D. Gaur, “TEXTBOOK ON INDIAN PENAL CODE”, 5th ed.2015, Universal Law
Publishing

The Indian Penal Code by Professor K.D. Gaur is a marvellous classic work in the fields of
criminal law of outstanding merit. Unlike the traditional treatise in criminal law, the unique
feature of the book is that it explores the untouched arena in criminal jurisprudence dealing
with nature and concept of crime and the scope of punishment under the Indian Penal Code.
The latest innovations through judicial and administrative techniques of creativity have been
well projected in the book wherein the judiciary has played an innovative and pivotal role in
evolving new concept of criminal jurisprudence. The author briefly outlines the fundamentals
of crime and criminal law, principles of criminal liability, mensrea, vicarious and strict
liability and discusses elaborately almost every type of punishable offences including
offences against human body. Crime against women, bride-burning and dowry related
offences, suicide, torture and sexual offences, rape, custodial rape, custodial violence,
unnatural offences and sexual harassment at work place etc., in detail. The question of
desirability of death sentence for a rapist has been critically examined and evaluated in the
Indian context. Capital punishment, methods of executions, the movement towards
worldwide abolition of death sentence, etc., that has finally resulted in the abolition of capital
punishment from the statue book of 120 countries has been elaborately discussed.

Research Questions

1. What are the provisions of Dowry Death” 304 B” in the Indian Penal Code?

2. What are the purposes of The Dowry Prohibition Act 1961?

3. What are basic flaws and ambiguities in the law?

Research Methodology

ix
The research methodology used is purely doctrinal method. A number of books written by
several authors, articles, acts and internet sources are used to conduct the research since the
topic demands an in depth study of the concept of Dowry Death. Tools taken in the project
preparation have been secondary. The only primary source which has been referred is the
bare Act

History of Dowry System in India

The ancient marriage rites in the Vedic period are related with Kanyadanand it is laid down in
Dharmashastra that the meritorious act of Kanyadan is not complete till the bridegroom was
given a dakshina. So when a bride is given over to the bridegroom, he has to be given
something in cash or kinds which constitute varadakshina. Thus Kanyadan became connected
with varadakshina i.e. the gifts or cash in kind by the guardian or parents of the bride to the
bridegroom. The varadakshina was offered out of love and did not represent any kind of
pressure or consideration for the marriage.3 It was a voluntary practice without any coercive
overtones. It all started with a British rule which prohibited the women from owning any
property at all. Once the British barred women from having any property rights, it meant that
all the wealth that a woman got from her parents would be owned by her husband instead.
And the moment, the wealth of wife owned by his husband was created, the traditional dowry
system got converted into a menace creating an institution of greed that oppressed, victimized
and suppressed woman. Families started looking at the incoming bride as a source of wealth.
Marriages stated becoming more of a business deal, where making wealth was easier. Male
child became an additional source of income, and female child became a financial burden on
the family. In the course of time, the voluntary element in dowry has disappeared and the
coercive element has crept in. it has taken deep roots not only in the marriage ceremony but
also post-marital relationship. The social reformers of the nineteenth and early twentieth
century’s have striven hard for the abolition of various social evils including the evil of
dowry system .The immorality of dowry system was assuming huge proportions and the
minds of right thinking person’s both inside and outside the State Legislatures and the
Parliament were shattered. 4The matter was raised in the Parliament in very first session of
the Lok Sabha and many proposals for restraining dowry were placed in the Parliament in the
form of Private Members Bills. the then Minister of Law gave an assurance to the House

3
Vivek Sharma, “Dowry System amongst Hindu and Muslim In India”, https://www.quora.com/How-did-the-
dowry-system-start-in-India (september 1 , 2017)
4
Ibid

x
during the course of discussions on a non-official Bill in the Lok Sabha in 1953, that a bill on
the subject would be prepared in consultation with the State Governments. In pursuance of
the assurance, a Bill was subsequently submitted for consideration of the Cabinet. The
Cabinet then decided that the proposal might be held in abeyance till the enactment of the
Hindu Succession Act. As the problem continued to increase the issue was against and again
agitated in the Parliament as well as in State Legislatures. On account of pressure both at
social levels and political, to process the legislation finally decided by the government. On
24th April, 1959 the dowry Prohibition Bill, 1959 was introduced in the Lok Sabha. After
some debate, the Bill was referred to a Joint Committee of both the Houses of Parliament.
The Joint Committee presented its report with some amendments in the Bill. Both the Houses
of Parliament did not agree with the amendments as reported by the Joint Committee and
ultimately the Bill was considered at the Joint Sittings Act, 1961 and it received the consent
of the President on 20th May 1961. 5

An overview of Dowry Prohibition Act

The purpose of this Bill is to prohibit the evil practice of taking and giving of dowry. This
question has been engaging the attention of the Government for some time past, and one of
the methods by which this problem, which is essentially a social one, was sought to be
tackled was by the conferment of improved property rights on women by the Hindu
Succession Act, 1956.6 There has also been a persistent demand for such a law both in and
outside Parliament. Hence, the present Bill however, takes concerned to exclude presents in
the form of clothes ornaments, etc., which are customary at marriages, provided the value
thereof does not exceed Rs. 2,000. The evil of dowry system has been a matter of serious
concern to everyone in view of its ever-increasing and disturbing proportions. The legislation
on the subject enacted by Parliament; i.e., the Dowry Prohibition Act, 1961 and the far-
reaching amendments which have been made to the Act by a number of States during the
seventies have not succeeded in containing the evil. As pointed out by the Committee on the
Status of Women in India, the educated youth is grossly insensitive to the evil of dowry and
unashamedly contributes to its perpetuation. Government has been making various efforts to
deal with the problem. In addition to issuing instructions to the State Governments and Union
territory administrations with regard to the making of thorough and compulsory
investigations into cases of dowry deaths and steping up anti-dowry publicity. Government

5
Ibid
6
The Dowry Prohibition Act, 1961

xi
referred the whole matter for consideration by a Joint Committee of both the Houses of
Parliament. 2. The following observations made by late Pandit Jawaharlal Nehru which have
been quoted by the Committee indicate the role which legislation can play in dealing with the
evil: -

"Legislation cannot by itself normally solve deep-rooted social problems. One has to
approach them in other ways too, but legislation is necessary and essential, so that i may give
that push and have that educative factor as well as the legal sanctions behind it which help
public opinion to be given a certain shape." 7

One of the important recommendations of the Committee for dealing with cruelty to a
married woman by the husband or the relatives of the husband on the ground of non-receipt
of dowry or insufficient dowry has already been given effect to by the Criminal Law (Second
Amendment) Act, 1983. This Act amended, inter alia, the Indian Penal Code to include
therein a provision for punishment for cruelty to married women and was aimed at dealing
directly with the problem of dowry suicides and dowry deaths.

3. The Joint Committee has recommended that the definition of "dowry" contained in section
2 of the 1961 Act should be modified by omitting the expression "as consideration for the
marriage" used therein on the ground that it is well nigh impossible to prove that anything
given were a consideration for the marriage for the obvious and simple reason that the giver
i.e., the parents who are usually the victims would be reluctant and unwilling to set the law in
motion. The omission of the words "as consideration for the marriage" would make the
definition not only wide but also unworkable, for, if these words are omitted, anything given,
whether before or after or at the time of marriage by any one, may amount to dowry. The
Supreme Court has also placed a liberal construction on the word "dowry" as used in section
4 of the Dowry Prohibition Act, 1961, relating to demanding dowry. In the circumstances, it
is proposed to substitute the words "in connection with the marriage" for the words "as
consideration for the marriage" instead of omitting those words.

4. Section 3 of the Dowry Prohibition Act relating to the offences of giving or taking of
dowry is being amended in accordance with the recommendations of the joint Committee to
make the punishment for the offence more stringent. All presents given at the time of
marriage to the bride and certain types of presents given at the time of marriage to the
bridegroom are proposed to be excluded from the purview of the offences under the section.

7
Ibid

xii
However, the recommendations of the Committee for exempting the giver of dowry from
punishment is not being given effect to as such exemption may only prove to be counter-
productive.

5. Section 4 of the Dowry Prohibition Act relating to penalty for demanding dowry is
proposed to be amended to make the punishment there under more stringent on the lines
recommended by the Joint Committee.

6. Section 6 of the Act is being amended in accordance with the recommendation of the Joint
Committee, to reduce the time limit within which dowry received in connection with the
marriage of a woman by any other person should be restored to the woman from one year to
three months. Likewise, the punishment for failure to restore such dowry within the said time
limit is being made more stringent on the lines recommended by the Committee. 8In ease of
non-compliance with the direction, the value of the property would be recoverable from such
person as if it were a fine and the amount so recovered may be paid to the woman concerned
or, as the case may be her heirs.

7. Sections 7 and 8 of the Dowry Prohibition Act are proposed to be amended to give effect
to the recommendations of the Committee as to cognizance of offences under the Act and
making offences under the Act cognizable. The Dowry Prohibition Act, 1961 was recently
amended by the Dowry Prohibition (Amendment) Act 1984 to give effect to certain
recommendations of the Joint Committee of the Houses of Parliament to examine the
question of the working of the Dowry Prohibition Act, 1961 and to make the provisions of
the Act more stringent and effective.9 Although the Dowry Prohibition (Amendment) Act,
1984 was an improvement on the existing legislation, opinions have been expressed by
representatives from women's voluntary organisations and others to the effect that the
amendments made are still inadequate and the Act needs to be further amended. 2. It is,
therefore, proposed to further amend the Dowry Prohibition Act, 1961 to make provisions
therein further stringent and effective. The salient features of the Bill are :- (a) the minimum
punishment for taking or abetting the taking of dowry under section 3 of the Act has been
raised to five years and a fine of rupees fifteen thousand. (b) The burden of proving that there
was no demand for dowry will be on the person who takes or abets the taking of dowry. (c)
The statement made by the person aggrieved by the offence shall not subject him to

8
Ibid
9
Ibid

xiii
prosecution under the Act. (d) Any advertisement in any newspaper, periodical journal or any
other media by any person offering any share in his property or any money in consideration
of the marriage of his son or daughter is proposed to be banned and the person giving such
advertisement and the printer or publisher of such advertisement will be liable for punishment
with imprisonment of six months to five years or with fine up to fifteen thousand rupees. (e)
Offences under the Act are proposed to be made non-bailable. (f) Provision has also been
made for the appointment of Dowry Prohibition Officers by the State Governments for the
effective implementation of the Act. The Dowry Prohibition Officers will be assisted by the
Advisory Boards consisting of not more than five social welfare workers (out of whom at
least two shall be women). (g) A new offence of "dowry death" is proposed to be included in
the Indian Penal Code and the necessary consequential amendments in the Code of Criminal
Procedure, 1973 and in the Indian Evidence Act, 1872 have also been proposed.10

Supreme Court Analysis on Provisions of Dowry Death In Indian Penal Code

The offence of dowry death has been inserted in the IPC as a 304 B by the Dowry Prohibition
Act 1986.Section 304 B has been inserted with a view to curb the growing atrocities against
women, where thousands of young women were being done to death due to failure to pay up
the dowry demanded. The Amendment Act has also made a couple of consequential
amendments in the Crpc and the Evidence Act, in order to make the prosecution of offenders
in cases of dowry death more effective.

IPC 304 B: Dowry Death

The essential ingredients of 304 B 11are

i. The death of a women should be caused by burns or bodily or otherwise than under
normal circumstances
ii. Such a death should have occurred within seven years of her marriage
iii. She must have been subjected to cruelty or harassment by her husband or by any
relative of her husband

10
Ibid
11
Keshab Chandra Pande v State (1995) Cr Lj 174 (ori); Pawan Kumar v State of Haryana (1998) 3 SCC
309;Kans Raj v State of Punjab AIR 2004 SC 1993; Satvir Singh v State of Punjab Air 2001SC 2828; State of
Andhra Pradesh V Raj Gopal Asawa AIR 2004 SC 1993; Baljeet Singh v State of Haryana AIR 2004 SC
1714;Arun Garg v State of Punjab $ Anor (2004) 8 SCC 251; Kamlesh panjiyar v State of Bihar (2005) 2 SCC
388, AIR 2005 SC 785; Kishan Singh v State of Punjab (2007) 14 SCC 204, AIR 2008 SC 233; Tarsem Singh v
State of Punjab (2008) 16 SCC 155,AIR 2009 SC 1454; Rajesh Bhatnagar v State of Uttarakhand (2012) 5
SCALE 311, 2012 Cri LJ 3442

xiv
 iv. Such cruelty or harassment should be for , in connection with, the demand for dowry;
and
v. Such cruelty or harassment is shown to have been meted out to the women soon
before her death.

Basically section 304 B imposes a statutory obligation on a court to presume that the
accused has committed the dowry death when the prosecution proves that the death of his
wife has occurred otherwise then normal circumstances within seven years of her
marriage and soon before her death she was subjected to cruelty or harassment by her
husband or his relatives in connection with demand for dowry. If any accused wants to
escape, the burden is on him to disapprove it. If he fails to rebut the presumption, the
court is bound to act upon it.12

According to explanation to s 304 B, the term ‘dowry’ shall have the same meaning as in
s 2 of the Dowry Prohibition Act 1961. Section 2 (1) of the Dowry Prohibition Act1961
defines dowry as follow

Any property or valuable security given or agreed to be given either directly or indirectly

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

(b) By the parents of either party to a marriage or by any other person to either party to the
marriage or to any other person;

at or before or any time after the marriage in connection with the marriage of said parties but
does not include dower or mahr in the case of persons to whom the Muslim Personal
Law (Shariat) applies.

Explanation I – For the removal of doubts, it is hereby declared that any presents made at the
time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or
other articles, shall not be deemed to be dowry within the meaning of this section, unless they
are made as consideration for the meaning of the said parties.

12
Shanti v State of Haryana AIR 1991 SC 1126; Vemuri Venkateswara Rao v State of Andhra Pradesh (1992)
CrLJ 563 (AP);Gurditta singh v State of Rajasthan (1992) Cr LJ 309 (Raj); Bhuneshwar Prasad Chaurasia $
Anor v state (2001) Cr LJ 3541 (pat); Heera Singh v State of Uttaranchal (2005) Cr LJ 2062 (Uttar); Devinder
Singh v state (2005) CrLJ 4160 (SC)

xv
Explanation II – The expression ‘valuable security’ has the same meaning in section 30 of the
Indian Penal Code.

In Nunna venkateshwar v. state of Andhra Pradesh,13 the deceased had consumed pesticides
and died an unnatural death after five years of marriage. There was evidence that she was
tortured continuously and was harassed to sell the five acres of land gifted to her by her father
at the time of marriage and to give the sale proceeds to her husband .Unable to bear the
harassment, she committed suicide. Though there was ample evidence that the demands for
dowry were made, the High Court of Andhra Pradesh observed that the prosecution has to
prove that there was a prior agreement by the parents of the girl to the husband or the in- laws
to pay a valuable security , money, etc. Unless the existence of the prior agreement between
the parties was proved, the court held that the accused would not be liable to be punished for
an offence under s 304B, IPC. The high court held that since the demands made by the
accused were not demands which were agreed to be paid by the father of the deceased at the
time of marriage, they would not amount to demands of dowry. So it convicted the the
accused only under s 498A and 306, IPC, and not under s 340 B. The high court, it seems,
was influenced by the words ‘agreed to be given’ in the definition of dowry in the Dowry
Prohibition Act 1961.

However, the above-mentioned judgement of the Andhra Pradesh may not be good law in
view of the judgement of the Supreme Court in State of Himachal Pradesh v Nikku Ram.14
The Supreme Court interestingly starred off the judgment with the words ‘Dowry, dowry and
dowry’. It went on to explain why it has mentioned the words ‘Dowry, dowry and dowry’. It
went on to explain why it has mentioned the word ‘dowry’ thrice. This is because demand for
dowry is made on three occasions (i) before marriage; (ii) at the time of marriage; (iii) after
the marriage .Greed being limitless, the demands become insatiable in many cases, followed
by torture of the girl leading to either suicide in some cases or murder in some. The Supreme
has explained in this case that though the definition of dowry is stated as property or valuable
security given or agreed to be given ...demand made after marriage could also be part of the
consideration because an implied agreement has to be read to give property or valuable
securities, even if asked after the marriage as a part of consideration for the marriage. In

13
(1996) Cr LJ 108 (AP)
14
(1995) Cr LJ 1144(SC)

xvi
Appasaheb $ Anr v state of Maharashtra,15 the apex court ruled that a demand for money on
account of some financial stringency or for meeting some urgent domestic expenses or for
purchasing manure cannot be termed as a demand for dowry. The court set aside conviction
of the appellant under s 304 B. However , in Bachni Devi $ Ane v state of Haryana,16 the
supreme court clarified that Appasaheb dictum cannot be termed as demand for dowry and
stressed that dictum should be understood in its factual setting .It ruled that a demand for
property or valuable security constitutes ‘demand for dowry’ if it has direct or indirect nexus
with marriage. The cause or reason for such demand is immaterial.

IPC 498A: Husband or relative of husband of a woman subjecting her to cruelty 17

Section 304 B does not explain the term ‘cruelty’ .However, s 498 IPC, explains as to what
amounts to ‘cruelty’. In shanty v state of Haryana,18 the supreme court held that ss 304 B and
498 are not mutually exclusive. And the meaning of cruelty given in explanation to s 498
having regard to common background to ss 304 B and 498 A, can be applied to s 304 B.
Section 498A explains cruelty to mean; a) any wilful conduct which is of such natureas is
likely to drive the women 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 women where such
harassment is with a view to coercing 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 . The explanation of cruelty as given in s 498 A can be
relied on for the purpose of s 498 B as well.19

Section 304 B uses the words that it should be shown that it should be shown that ‘soon
before’ her death, the woman was subject to cruelty or harassment by her husband or any
relative of her husband. In view of these words, it is crucial for the prosecution to establish
that any crucial treatment or harassment was in close proximity immediately preceding her
death, the women was subjected to cruelty or harassment by her husband or any relative of
her husband .In view of these words, it is crucial for the prosecution to establish that any
cruel treatment or harassment was in close proximity immediately preceding her death. The

15
(2007) 9 SCC 721, AIR 2007 SC 763
16
AIR 2011 SC 1098, (2011) 4 SCC 427
17
Devi Lal v State of Rajasthan (2007) 14 SCC 176, AIR 2008 SC 332
18
AIR 1991 SC 1226
19
Kaliyaperumal $ Anor v state of Tamil Nadu (2004) 9 SCC 157

xvii
determination of the period which can come within the term ‘soon before’ is left to be
determined by the courts depending upon the facts and circumstances of each case. It cannot
be construed as any determined period of time that can be mechanically applied in each case
irrespective of its facts. There must be existence of a proximate and live link between the
effect of cruelty based on dowry demand and the concerned death. In keshab Chandra pande
v state,20 the accused married the deceased in January 1989. There was difference between
them due to non full fillment of demands for dowry made at time for marriage. The accused
assaulted the deceased in June 1989 with an iron rod. The deceased went to stay with her
parents thereafter. She returned to the house for her husband in January 1990, after some
mediation between them by well-wishers. In March 1991, the accused left the deceased in her
parents’ house. After, about a fortnight, she came back to the house of the accused. It was
submitted that by the prosecution that the assault by iron rod in June 1989, must have left an
indelible scar in the mind of the deceased. However, the court felt that if she was so much
affected by the assault, she could not have waited for about two years to vent out her felling,
that too after having reconciled in January 1990. In view of this the court held that there was
no proximity like between the cruelty based on dowry demand and the concerned death and
the accused acquitted by the Orissa High court.

In Rajinder Amar Singh v State of Haryana,21 the Punjab High Court set aside conviction of
the accused on the ground that the unnatural death of his wife, though took place within
seven years of marriage, occurred after about two years after his demand for dowry. In Uday
Chakraborty v state of west Bengal22 wherein the wife of the accused died of burn injuries
within two years of her marriage, the supreme court considered the entire of two years as
‘soon before’ as the marriage did not survive even for two years.

 PRESUMPTION AS TO DOWRY DEATH

At the time of introducing the offence of dowry death in the IPC, the legislature had
simultaneously brought in amendments to the Evidence Act. Section 113 B of the Evidence
Act Provides for presumption as to dowry death. As per this section this presumption will
arise only when the prosecution has established the basic element of demand for dowry. The
initial burden lies on the prosecution to prove the ingredients of s 304B , including the fact

20
(1995) Cr LJ 174 (Ori)
21
(2000) Cr LJ 2492 (P$ H)
22
(2010) 7 SCC 518, AIR 2010 SC 3506

xviii
that soon before her death, she had been subjected by the accused persons to cruelty or
harassment for, or in connection with, any demand for dowry. If the prosecution succeeds in
discharging this initial burden, then positively the provision of s 113B of the Evidence act
come into play and can be pressed into service for drawing the presumption against the
accused person that he has caused dowry death.23 The presumption, therefore, needs to be
invoked by having regard to the proximity of the cruelty or harassment and death of the
victim24. It cannot be invoked merely because the alleged death occurred within seven years
of her marriage. 25

Once statutory requisite are established, a court bound by law to invoke the presumption
as s 304 B, IPC, and s 113b, Evidence Act, use the words ‘shall presume’26. And it is for the
accused to rebut the presumption.27 If he fails, the court is bound to act upon it. The
presumption cannot be said rebutted by the accused even if his co- accused, put on trial with
him under the said presumption, has been given benefit of doubt and acquitted of the charge
of dowry death, if primary evidence is against him.28

The period of operation of the presumption is only seven years from the date of
marriage of the deceased woman. In case of death of married women resulting from cruelty
or harassment by her husband or his relatives after seven years of her marriage, the husband
or his relatives, as the case may be, cannot be presumed perpetrator of the death. If it is
proved that cruelty or harassment by her husband or his relatives for dowry was the casual
factor of her death , liability of the perpetrator would be governed by s 498 A of the IPC.29

The presumption, thus, makes the traditional criminal law dictum that an accused
is presumed to be innocent unless proved guilty in applicable to dowry death cases. It helps
the prosecution to overcome the difficulty proving case against the accused. he question that
has been examined by the Law Commission in this Report is whether Section 304-
B of Indian Penal Code, should be amended to provide for more stringent punishment of

23
GM Natarajan v State (1995) CrLJ 2728 (Mad);State of Karnataka v MV Manjunethagowda ( 2003) 2 SCC
188;State v Niranjan Mohapatra(2005)Cr LJ 1427 (SC); Harjit Singh v State of Punjab (2006) 1 SCC 463,
(2006) Cr LJ 554 (SC); Ram Badan v State of Bihar (2006) 10 SCC 115, AIR 2011 (6) SC 2855; Tarsem Singh
v State of Punjab (2008) 16 SCALE 148; Shindo @ Sawinder Kaor $ Anr v State of Punjab (2011) 11 SCC
517, JT 2011 (6) SC 364
24
Amar Singh v State of Rajasthan (2010) 9 SCC 64, AIR 2010 3391
25
Baljeet Singh v State of Haryana (2004) 3 SCC 122, AIR 2004 SC 1714
26
Bansi Lal v State of Haryana AIR 2011 SC 691, (2011) 11 SCC 359
27
State of Karnataka v MV Manjunethagowda ( 2003) 2 SCC 188, AIR 203 SC 809; Satvir Singh v State of
Haryana (2005) 12 SCC 72, AIR 2005 SC 3546
28
Sudhir Kumar v State of Punjab (2010) 3 SCC 239, 2010 Cri LJ 2052
29
Hira Lal v State (Govt of NCT Delhi) (2003) 8 SCC 80, AIR 2009 SC 2155

xix
death sentence to curb the menace of dowry death. This section provides for punishment of
imprisonment for a term which shall not be less than seven years but which may extend to
imprisonment for life. Although this section has come into force w.e.f. November 19, 1986
yet the incidents of dowry death have not shown any significant decline. This gave rise to
demands for death sentence for the offence of dowry death in order to imbibe necessary
deterrence in the law.

Law Commission Report on Dowry Death 30

The question that has been examined by the Law Commission in this Report is
whether Section 304-B of Indian Penal Code, should be amended to provide for more
stringent punishment of death sentence to curb the menace of dowry death. This section
provides for punishment of imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life. Although this section has come into force
w.e.f. November 19, 1986 yet the incidents of dowry death have not shown any important
decline. This gave rise to demands for death sentence for the offence of dowry death in order
to take in necessary deterrence in the law.

The Commission examined Section 304-B IPC in the light of various judicial
pronouncements and critically dealt with the procedural as well as substantive aspects of the
subjects. The Commission finds that the offence of murder is not the same thing as the
offence of dowry death. Though death of bride may be a common element in both the
offences, the absence of straight connection between the husband and the death of wife
distinguished the offence of dowry death from the offence of murder. Besides, the
presumptive character of the offence of dowry death and cardinal principle of proportionality
as well as the fundamental scheme of the Penal Code go against the proposed prescription of
death sentence in case of dowry death. It may be pertinent to point out that where a case of
dowry death also falls within the ambit of the offence of murder, awarding death sentence
may be legally permissible. The guidelines laid down by the Supreme Court for award of
death sentence, especially, the dictum of rarest of rare case, will, however, have to be adhered
to in such cases. The Commission found a lot of doubts and misconception associated with
the subject of dowry death. Dowry death is quite often confused with the offence of murder.
There may be instances where the two may overlap with each other and this gives rise to
demand for equivalence in the matter of sentence in both these cases. Nevertheless, the two

30
Law commission of India, Two Hundred and Second Report

xx
offences are distinct and independent offences. The Commission has proceeded to spell out
the finer nuances of the offence of dowry death for their better understanding and
appreciation to dispel the vagueness and confusion shrouding the notion of dowry death in
comparison with murder. This will help in providing clarity on the subject for its correct
understanding and appreciation to the concerned authorities while dealing with the cases of
dowry death.

The Commission has, there, not recommended death penalty for dowry death cases.
However, the Commission has favoured the increasing of the minimum sentence from seven
years to ten years in such cases.

Basic Flaws and Ambiguities in the Law

On perusing the Act document, one can raise a variety of questions against the intention of
the design of the Act. Firstly, as per this definition of dowry, gifts of jewellery, clothes and
cash traditionally given by the groom's family would also be considered by the anti-dowry
law and hence declared illegal. Secondly here question arises what is a 'voluntary gift' and
what is given under pressure of a demand. The very same family that often declares, at the
time of marriage, that they only gave 'voluntary gifts' to the groom's family, does not hesitate
to attribute all their 'gift-giving' to extortionist demands, once the marriage turns sour and is
headed for a breakdown. Thus, even when marital troubles may not be connected to tussles
over dowry, and the marital strain is due to mutual incompatibility rather than the husband's
violence or abuse, many women's families tend to seek an advantage in registering cases
using the draconian provisions of the anti-dowry law when the marriage heads towards a
breakdown. Third what are the grounds that one can decide what is 'excessive' in relation to
income by way of gifts when in India no more than 2-3 percent people declare their incomes
and those too are grossly under reported. So what are the criteria to judge the paying status of
a family if most of their wealth is in 'black' money and property holdings held in bogus names
to escape taxes? This law especially draconian is that the burden of proof has been shifted
onto the accused. The bride's parents rarely want to declare the true value of gifts given
because the big dowry givers also put together their daughter's dowry from black money and,
therefore, don't want it listed. When dowry giving is a crime, why would a groom or bride's
family put their signature on the list of gifts being given? Though the Act treats the case of a
bride and bridegroom in the same intensity, the IPC 304B, 498A etc, specifically and
exhaustively address the crimes with a feminine bias. Hence, the law itself is incomplete in

xxi
terms of treatment of cases where the husband, might become the victim. As per the law,
even dowry giving is an offence, but there is hardly ever an instance of the bride's family
being prosecuted for giving dowry. The assumption is that only 'takers' are guilty while
'givers' are hapless creatures yielding to the greed and callous demands of the groom's family.
Also there is scope of misuse of this amendment and after the amendment made in 1984 and
86, a phenomenal number of cases have been filed under Dowry Prohibition Act but there are
many problems in the manner these cases have been dealt by Police and by Judiciary. 31 Many
of these cases have been prosecuted so badly in court that conviction was hardly likely. It’s
not that this law has not been properly implemented by the Government, Police and Judiciary.
They are also not able to stop the misuse of this law. There are many instances where this law
has been misused by unscrupulous women to extort money and harass their husband’s family.
The statistics on suicides in India tell the tale of harsh ground realities faced by men in Indian
society. On July 21, 2005, while hearing the PIL filed by Sushil Kumar Sharma, The
Supreme Court has asked the legislature to find ways for plugging the loopholes in the law
against “false” dowry complaints against the in-laws and husband by a woman in view of the
increasing number of such cases coming to courts.32 Describing such misuse of law as “legal
terrorism”, the court said no one could be allowed to unleash frivolous proceedings on this
count as the provisions of Section 498A “is intended to be used as shield not as an assassin’s
weapon.

31
Madhu Purnima Kishwar, Destined To Fail, http://indiatogether.org/manushi/issue148/dowry.htm (september
1, 2017)
32
Ibid

xxii
 Conclusion

Many social activist, NGOs and in many cases Court’s judgments have highlighted that the
Dowry Prohibition Act, in its current form is not very effective. Instead of providing security
to lower and middle class women, who are mainly the victims of dowry, this law has been
misused by rich unscrupulous women to harass their husbands. Many feminist organizations
are requesting Government to make these laws stricter, but instead of making these laws
stricter, Government should come up with an effective implementation plan, in which, it
should try to diagnose the roots of the problem, how this evil is spreading to different
sections of population and what can be done to eradicate this issue. The Government should
also make amendments in the law, which will stop woman from misusing this law against
Husband and his family.

xxiii
 Bibliography
Books
1. P S A Pillai, CRIMINAL LAW, 12th edition. June 1, 2014, LexisNexis

2. K.D. Gaur, TEXTBOOK ON INDIAN PENAL CODE, 5th edition2015, Universal Law
Publishing

Articles

Vivek Sharma, “Dowry System amongst Hindu and Muslim In India”,

https://www.quora.com/How-did-the-dowry-system-start-in-India

MadhuPurnimaKishwar,DestinedToFail,http://indiatogether.org/manushi/issue148/dowry.ht
m

Kanwarn, Dowry Prohibition Act, https://kanwarn.wordpress.com/2012/04/18/the-dowry-

prohibition-act-1961-part-1-of-3/

VijayPalSingh,BrideBurningandLawsINIndia,http://www.legalserviceindia.com/articles/brbu
.htm

DeathUnderIndinPenalCode.Ibid.,p.6http://www.wsws.org/articles/2001/jul2001/ind-
j04.shtml

Law Commission of India , Two Hundred and Second Report

Law Commission of India , Two Hundred and Second Report

DeanNelson,http://www.telegraph.co.uk/news/worldnews/asia/india/10280802/Woman-
killed-over-dowry-every-hour-in-India.html

Thenational,https://www.thenational.ae/world/dowries-and-death-continue-apace-in-india-
1.81522

Pucl Bulletein,http://www.pucl.org/from-archives/Gender/dowry-deaths.htm

Dowry Death,http://www.countercurrents.org/2016/07/06/dowry-deaths-indias-shame

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