Chapter XVI
Of Offences Affecting The Human Body
Of offences affecting life
Section – 304-B – Dowry death –
(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.
Explanation – For the purpose of this sub-section, ‘dowry’ shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(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.
Section 304-B(1), IPC defines ‘dowry death’ of a woman. It provides that ‘dowry death’ is where death of a woman is caused by burning or bodily injury or occurs otherwise than under normal circumstances, within seven years of 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, in connection with demand for dowry. Further, Section 304-B(2) of the IPC provides punishment for the aforesaid offence.
The Honourable Supreme Court in the judgment of Satbir Singh v. State of Haryana summarised the law under Section 304(B) of the IPC and Section 113(B) of the Evidence Act as under:
(i) Section 304(B) of the IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand.
(ii) The prosecution must at first established the existence of the necessary ingredients for constituting an offence under Section 304(B), IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B, Evidence Act operates against the accused.
(iii) The phrase “soon before” as appearing in Section 304(B), IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of “proximate and live link” between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives.
(iv) Section 304(B), IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental. The reason for such non categorization is due to the fact that death occurring “otherwise than under normal circumstances” can, in cases, be homicidal or suicidal or accidental.