Vindhya
in Criminal Law
Asked September 08, 2013

Section 304B of IPC

  • 2 Answers
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What are the essential requirements for a person to be convicted under section 304B of IPC?

Answers 2

Doey death of women is essential for 304B

Agree Comment 0 Agrees 3 months ago

S. 304B of the Indian Penal Code, 1860 [1]provides punishment for cases of dowry death i.e., death of a woman caused in connection of demand for dowry. S. 304B of IPC defines ‘dowry’ as in S. 2 of the Dowry Prohibition Act, 1961[2]:

“dowry” means any property or valuable security given or agreed to be given either directly or indirectly (except in cases of persons to whom Muslim Personal Law applies)—

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

(b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person.

For a person to be convicted under S. 304B of IPC, the essential requirements involve:

Death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances; Such death is caused within seven years of her marriage; It is shown than soon before her death she is subjected to cruelty or harassment by her husband or any relative of her husband; and Such cruelty or harassment is committed for, or in connection with, any demand for dowry.

Cruelty is defined under S. 498A of IPC [3]as any wilful 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 life, limb or health (whether mental or physical) of the woman.

It also includes harassment within its meaning, as it also means harassment of the woman 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.

 

Hence, when all the essential requirements as provided under S. 304B of IPC exist, including acts of cruelty or harassment as defined under S. 498A of IPC, such death of a woman shall be called “dowry death”, and such husband or relative(s) shall be deemed to have caused her death.

As per S. 304B(2) of IPC[4], whoever commits such 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.

 

 

[1] Available at: https://indiankanoon.org/doc/653797/

[2] Available at: https://indiankanoon.org/doc/1249134/

[3] Available at: https://indiankanoon.org/doc/538436/

[4] Available at: https://indiankanoon.org/doc/653797/

Agree Comment 0 Agrees 3 months ago

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