DOWRY DEATH UNDER IPC (SEC-304-B)

1. PENAL LAW A Critical Study On Harsher punishments are required to combat dowry deaths : A need of the day Guided By: Prof. H.N. Giri Prof. N. K. Chakroborti Submitted By: PrachiChaturvedi (882038) Prasanjeet Singh Baghel (882039) Pratik P. Choudhary (882040) Praveen Kumar (882041)

2. DOWRY Literal Meaning A dowry (also known as trousseau or tocher) is the money, goods, or estate that a woman brings to her husband in marriage. Dowry (Dahej/Hunda) as we all know is paid in cash or kind by the bride's family to the groom' s family alongwith the giving away of the bride (Kanya-dana). The ritual of Kanya-dana is an essential aspect in Hindu marital rites. Kanya = daughter, dana = gift. The word 'Hunda' appears to be derived from 'Handa' which means a pot. This could be due to the now extinct practice of offerring dowry in a pot. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

3. Emergence of Dowry Originally, the purpose of a dowry was to help a husband to feed and protect his family. Even in the oldest available records, such as the Code of Hammurabi, the dowry is described as an already-existing custom. Regulations surrounding the custom include: the wife being entitled to her dowry at her husband's death as part of her dower, her dowry being inheritable only by her own children, not by her husband's children by other women. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

4. Cont. A woman not being entitled to a (subsequent) inheritance if her father had provided her dowry in marriage. If a woman died without sons, her husband had to refund the dowry but could deduct the value of the bride price; the dowry would normally have been the larger of the sums. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

5. Dowry practice in Europe . BRIDE - PRICE: Bride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom. The bride price or ketubah may be seen as related to present-day customs of maintenance for the wife in the event of the breakup of marriage, and family maintenance in the event of the husband not providing adequately for the wife in his will. Another function performed by the ketubah amount was to provide a disincentive for the husband to divorce his wife: he would need to have a certain amount to be able to pay to the wife. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

6. Dowry practice in Africa In parts of Africa, a traditional marriage ceremony depends on payment of a bride price to be valid. The amount can vary from a token to a great sum. Lobola is a similar tradition in southern Africa. The MIFUMI Project in Africa held a referendum in Tororo, Uganda in 2001 on whether a bride price should be a non-refundable gift. In 2004 it held an international conference on the bride price in Kampala, Uganda. It also issued a preamble position in 2008. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

7. Dowry practice in Asia Dowry is very popular in Asia. Its structure varies from place to place In traditional Chinese culture, an auspicious date is selected to Ti Qin (literally meaning "propose marriage"), The groom and a matchmaker will visit the bride's family bearing gifts like wedding cakes, sweetmeats and jewelry, as well as the bride price. In Thailand, bride price (locally known as sin sot and often erroneously referred to by the English term "dowry") and is common in both Thai-Thai and Thai-foreign marriages. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

8. Dowry practice in India Dowry which is practiced in India is the payment in cash or/and kind by the bride’s family to the bridegroom’ s family along with the giving away of the bride (called Kanyadaan) in Indian marriage. Kanyadanam is an important part of Hindu marital rites. Kanya means daughter, and dana means gift. Dowry first came from upper class families as the wedding gifts from the bride’s family to her to help her family or to the husband for his needs. Dowry evolved into a type of insurance that was offered along with money for the wedding. Dowry started in ancient times as varadakshina and still goes on today. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

9. KANYADAAN

10. Social Effects of Dowry Breach of trust Dowry-related Wife Abuse and Murder. Female Infanticide. Mental effects on offspring's. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

11. INDIAN DOWRY LAWS The Dowry Prohibition Act, 1961 The 91st Report of the Law Commission of India 91st Report on Dowry Death and Law Reform 1983 Amending the Hindu Marriage Act, 1955, Indian Penal Code, 1860 Indian Evidence Act, 1872 PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

13. 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 dower.PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

14. In S. Gopal Reddy v. State of Andhra Pradesh the Supreme Court observed that: “The legislature has emphasized that any money, property or valuable security given, as a consideration for marriage, ‘before, at or after’ the marriage would be covered by the expression ‘dowry’ and this definition as contained in Section 2 has to be read wherever the expression ‘dowry’ occurs in the Act. Under Section 4 of the Act, mere demand of ‘dowry’ is sufficient to bring home the offence of an accused.” PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

15. SECTION 304-B (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. (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. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

17. Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any lawful 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.PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

18. Section 113-B of The Indian Evidence Act 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 had 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. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

19. OFFENCES RELATING TO DOWRY DOWRY MURDER DOWRY AND CRUELTY DOWRY AND SUICIDE PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

20. DOWRY MURDER It is also known as dowry killing or bride burning. Dowry murder involves the application of general homicide provisions. It is covered under Section 302 of IPC but special provision of Section 304-B and 498-A are also attracted. Case referred -Kundalabala v. State of Andhra Pradesh PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

21. DOWRY AND CRUELTY In Indian Penal Code ‘cruelty’ is in itself an offence covered under Section 498-A. Section 498-A of the Indian Penal Code deals with the offence of cruelty. It states as whoever, being the husband or 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. Case referred-Rishi Kumar v. State of Haryana PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

22. DOWRY AND SUICIDE Section 306 of the Penal Code punishes abetment of suicide. It states that if any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Case referred-State of Punjab v. Iqbal Singh PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

23. PRESUMPTION AS PROOF OF DOWRY DEATH A presumption is a rule of law that attaches definite probative value to specific facts or directs that a particular inference as to existence of one fact not actually known shall be drawn from a fact which is known and proved. It furnishes prima-facie evidence of the matter to which it relates and relieves the party of the duty of presenting evidence until his opponent has introduced evidence to rebut the presumption. It raises such a high degree of probability in its favor that it must prevail unless clearly met and explained. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

24. NEED FOR PRESUMPTION AS PROOF OF DOWRY DEATH Since harassment, torture and violence on a married woman occur within the four walls of the matrimonial home, the prosecution case generally depends on circumstantial evidence and since it is difficult to establish the crime by circumstantial evidence, a rule of presumption has been enacted in the Indian Evidence Act. Section 113-A of the Indian Evidence Act deals with presumption as to abetment of suicide to a married women and Section 113-B relates to presumption as to dowry death. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

26. JUDICIAL RESPONSES TO THE OFFENCE OF DOWRY DEATH Section 304-B was incorporated in the IPC by the Dowry Prohibition Act, 1986 with the view to curb the increasing menace of evil practice of giving and taking of dowry by imposing deterrent punishment. The section deals with Dowry Death. Section 304-B has no retrospective effect. To attract the provisions of Section 304-B, one of the main ingredient of the offence which is required to be established is that soon before her death the deceased wife was subjected to cruelty and harassment in connection with the demand of dowry. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

27. DEATH OCCURRING NOT IN NORMAL CIRCUMSTANCES If the prosecution succeeds to establish that death was not accidental suicidal or on account of serious ailment then the presumption that death occurred otherwise than in normal circumstances will apply. The expression, otherwise than under normal circumstances, would mean the death due to an unusual cause and under the suspicious circumstances, if not caused by burns or bodily injury which basically includes death by drowning, death by poisoning, death by strangulation, death by starvation, death by hanging. Case referred-Satraj v. State of Haryana PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

28. DEATH OCCURRING WITHIN SEVEN YEARS OF MARRIAGE In the dowry death cases, direct evidence is hardly available and such cases are usually proved by circumstantial evidences. This section as well as Section 113-B of the Indian Evidence Act enacts a rule of presumption, i.e. if death occurs within seven years of marriage in suspicious circumstances. Case referred-GulabChand Mehta v. State of Bihar PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

29. CRUELTY BY HUSBAND OR HIS RELATIVES FOR DOWRY The expression ‘cruelty’ postulates such treatment as to cause reasonable apprehension in the mind of the wife that her living with the husband will be harmful and injurious to her life. Human reactions may be different and more sensitive persons may react more violently even to minor incidents. Cruelty has been defined in Section 498-A under which cruelty by itself amount to an offence and is punishable under Section 304-B. The meaning of cruelty for the purpose of this section has to be gathered from the language as found in Section 498-A and as per that section ‘cruelty’ means “any willful 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 her life etc or harassment to coerce her or any other 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.” Case referred-Shanti v. State of Haryana PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

30. CRUELTY “SOON BEFORE”DEATH The expression ‘soon after’ is very relevant where Section 113-B of the Evidence Act and Section 304-B, IPC are pressed into service. ‘Soon before’ is a relative term and it would depend upon the circumstances of each case and no strait jacket formula can be laid down as to what would constitute a period soon before the occurrence. However to indicate that 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 existence of a proximate and live link between the effect of cruelty based on dowry demand and the concerned death. Case referred-RajinderAmar Singh v. State of Haryana PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

31. CONCLUSION Even after the Dowry Prohibition Act has passed, dowry seems to be battering on the consumer society. Cases have come up where women are beaten, kept without food for days, tortured physically and mentally, strangulated and even burnt alive. They even commit suicide out of frustration. Everyday cases of bride burning are published in the newspaper. One dowry death case is reported every hour for dowry. There are series of cases in which young married women have been beaten, tortured and burnt to death. In the end it may be said that the problems of dowry death persists in the society which calls for multi prolonged and integrated approach on an urgent basis. In a scenario where protectors become killers, the very basic family unit is threatened. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

32. SUGESSTIONS Section 304-B and 498-A needs to be made more deterrent in nature. Punishment granted for committing dowry murders should be enhanced from seven years imprisonment or life imprisonment to death sentence. person who penetrates a crime without any human consideration must be given, the extreme penalty of death sentence. Provisions must be enacted whereby the member of the in-laws family of wife is restrained to use them without her permission. Also proper enforcement of laws relating to dowry will make people aware that the Government is serious in its legislation and they will automatically cooperate in following the dictates of those laws. Women need to be assertive and develop a self-identity so that they can lead a life of security and dignity. She should achieve economic independence to fight dowry death. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

33. WE CONCLUDE WITH THE HOPE ….that if the above mentioned suggestions are acted upon with spirit then we may be able to create a perfect balance between male and female and the problem of dowry deaths and related offences may be solved. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)

34. PrachiChaturvedi,PrasanjeetSingh,PratikP. Choudharyand Praveen Kumar (KLS)