Lifelong commitment between two people who decides to grow together, to sculpt each other, to selflessly love each other and to support each other throughout, when legally decide to marry each other, then that bond is known as marriage. Marriage or matrimony or wedlock, is a culturally accepted union between people, called spouses, which establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. Marriage is said to be a new beginning of one’s life. But the reality of some people’s life is way too different in the actual word.
Violence caused in a unique manner against women, which in all ways it is always murder. The major categories of Dowry death is violence against women, alongside rape, bride burning, eve teasing, female genital mutilation, and acid throwing. The most common way to kill the bride was bride burning, which was the most inhuman activity that was done by either the husband or by her in-laws and the most awful part was that, Bride burning was disguised as suicide or accident. In 2015, over 7634 brides were burned to death in India due to dowry disputes which is approximately a bride being burned every hour. In Uttar Pradesh (2335 cases) alone were reported which is 30.6% of total cases of dowry deaths in India, followed by Bihar (1154 cases). According to the Indian National Crime Record Bureau, India has by far the maximum number of dowry-related deaths in the world. In 2012, 8,233 dowry death cases were reported across India. This means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000 women in India.
Dowry which was always a traditional concept (then) of giving and taking money or gifts from the bride’s family at the time of marriage as a perfunctory of love and acceptance and for the future of the couple, which binds both families into one. Unfortunately, over the years the term has shifted from being an affectionate gesture to a horrifying nightmare. In 1980s, most of the Indian women, who were either newly married or within 2-3 years of their marriage period were spotted dead due to the dowry demands.
Section 304B talks about dowry death, which is defined in IPC, stating:-
304B. 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 purposes 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.
In other words, if any women who is newly married or is within seven years of her marriage period, is going through cruelty or harassment by her husband or by any relative from his husband’s side and from her in-laws, due to the demand for dowry, which causes her death, either due to the bodily injury or due to burns or which may drive her to commit suicide due to continuous harassment and torture or due to any other circumstance; within seven years of her marriage, then such death shall be called as dowry death. The necessary ingredients to draw Section 304-B IPC, laid down by the Hon’ble Supreme Court, in Pawan Kumar v. State of Haryana are :- (1) death of a woman is either by burns or by bodily injury or otherwise than under normal circumstances; (2) it should be within seven years of marriage; (3) it should also be shown that soon before her death she was subjected to cruelty or harassment by husband or any relative of husband; (4) such harassment or cruelty should pertain to demand for dowry.
Another significant aspect of the definition provided under Section 304-B is that the death should be caused “otherwise than under normal circumstances”.
In Kamesh Panjiyar v. State of Bihar, the Court gave a practical aspect to this. The body of the victim was found by her brother, lying in the veranda of the appellant’s house with blood radiating from her mouth and evident marks of violence on her neck. It appeared that the victim had been murdered by choking in the previous night. The Court counted on the opinion of the doctor, the evidences were recovered and the testimony of the witnesses to hold that the death of the woman had been caused otherwise than under normal circumstances as expressed in Section 304-B, and hence it was a case of “dowry death”.
DOWRY PROHIBITION ACT After 14 years of gaining Independence, a specific Act was introduced that tackled with the problem of dowry called the Dowry Prohibition Act, 1961. This Act prohibits the practice of giving or taking of dowry by either party to a marriage, that is, not only prohibits the groom’s side to take dowry but also restricts the bride’s side as well. The definition of “dowry” provided by section 2 of the dowry prohibition act is:-
“any property or valuable security to be given directly or indirectly by one party to a marriage to the other party to marriage at or before or any time after the marriage in connection with the marriage of the said parties”.
The Act is also punishable on demanding and advertising dowry, as observed in the case of Shanti v. State of Haryana, the court said that the term “dowry” has not been defined anywhere except in Section 2 of the Dowry Prohibition Act, 1961.
OTHER SECTIONS RELATED TO DOWRY DEATH Section 113B of 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 has 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.
CLASSIFICATION U/SCHEDULE 1 CrPC The punishment of the offence of dowry death is imprisonment for not less than 7 years, but up to life imprisonment. It is a cognizable and non-Bailable offence. Triable by the Court of Session.
COMPOSITION U/S 320 CrPC Dowry death is an offence which is not listed under compoundable offences.
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