12/02/2017

Dowry Death in India




Section 304-B Dowry Death-


1- Death of a women is caused by burn, bodily injury or occurs other than under normal circumstances.
2- Death caused within seven years of her marriage.
3- She was subjected to cruelty or harassment by her husband or any relative of husband.
4- Cruelty must be for or in connection with any demand for dowry.
5- Cruelty must be soon before her death.


Note- Dowry Death is also related with the Evidence act 113-B in which it shall presume punishment for seven year or life imprisonment.


Case- Shyamlal V. State of Haryana 1997

- Marriage of women > Cruelty for dowry > Compromises with the help of Panchayat > after 15 days she burnt and died.
Decision- Cruelty was not seen before the death So husband didn't get the punishment.




Case- Shanti V. State of Haryana

- Marriage of girl > cruelty for the demand of dowry > Suddenly she died due to heart attack > After crimination they informed Girl's parents.
Decision- Death was found in abnormal condition So here they punished.



Case- Heeralal V. State of Delhi 2003.

Decision-
• At the time of death she must be under the effect of cruelty.
• At the time of death there must be effect of cruelty in her mind.

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