Comprehension
Section 304-B (1) of the Indian Penal Code, 1860 (IPC) defines ‘dowry death’ of a woman. It provides that ‘dowry death’ is where death of a woman is caused by burning or bodily injuries 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 IPC provides punishment for the aforesaid offence. The Supreme Court of India summarized the law under Section 304-B of IPC and Section 113B of the Indian Evidence Act, 1872 (IEA) as under:
(i) Section 304-B of 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 establish the existence of the necessary ingredients for constituting an offence under Section 304-B of IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B of IEA operates against the accused;
(iii) The phrase ‘soon before’ as appearing in Section 304-B of IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of ‘proximate and live link’ between the cruelty or harassment for dowry demand by the husband or his relatives and the consequential death of the victim
(i) Section 304-B of 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 establish the existence of the necessary ingredients for constituting an offence under Section 304-B of IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B of IEA operates against the accused;
(iii) The phrase ‘soon before’ as appearing in Section 304-B of IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of ‘proximate and live link’ between the cruelty or harassment for dowry demand by the husband or his relatives and the consequential death of the victim
Question: 1
In Gurmeet Singh v. State of Punjab, 2021 SCC OnLine SC 403, a three-judge bench of the Supreme Court of India issued guidelines for trial in dowry death cases. The bench comprised of:
In Gurmeet Singh v. State of Punjab, 2021 SCC OnLine SC 403, a three-judge bench of the Supreme Court of India issued guidelines for trial in dowry death cases. The bench comprised of:
Updated On: Aug 22, 2024
- N.V. Ramana, Uday Umesh Lalit and A.M. Khanwilkar, JJ.
- N.V. Ramana, Sanjay Kishan Kaul and Surya Kant, JJ.
- N.V. Ramana, Surya Kant and Aniruddha Bose, JJ.
- N.V. Ramana, L. Nageswara Rao and Hemant Gupta, JJ.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): N.V. Ramana, Surya Kant and Aniruddha Bose, JJ
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Question: 2
In which of the following provisions is the term ‘dowry’ defined ?
In which of the following provisions is the term ‘dowry’ defined ?
Updated On: Jul 11, 2024
- Section 2 of the Dowry Prohibition Act, 1961.
- Section 3 of the Dowry Prohibition Act, 1961.
- Section 498A of the Indian Penal Code, 1860.
- Section 304B of the Indian Penal Code, 1860.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Section 2 of the Dowry Prohibition Act, 1961.
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Question: 3
“The presumption as to dowry death provided under Section 113B of the Indian Evidence Act, 1872 is a ‘shall’ presumption.” The given statement is:
“The presumption as to dowry death provided under Section 113B of the Indian Evidence Act, 1872 is a ‘shall’ presumption.” The given statement is:
Updated On: Jul 11, 2024
- True.
- False.
- Neither true nor false as the application of the presumption is a matter of discretion of court.
- Neither true nor false as the application of the presumption depends on the facts of the case
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): True.
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Question: 4
Whether the demand for dowry was ‘soon before’ the death of the alleged victim of dowry death for establishing the offence under Section 304-B of the Indian Penal Code, 1860 is determined by the court on the basis of:
Whether the demand for dowry was ‘soon before’ the death of the alleged victim of dowry death for establishing the offence under Section 304-B of the Indian Penal Code, 1860 is determined by the court on the basis of:
Updated On: Aug 22, 2024
- The length of time between demand of dowry and death.
- The gravity of demand of dowry, including the existence of burns of injuries inflicted while making such demand
- The length of marriage of the victim and the accused.
- The totality of circumstances of each case, without relying on any straight jacket formula.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): The totality of circumstances of each case, without relying on any straight jacket formula.
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Question: 5
In order to establish that the accused has committed an offence under Section 304-B of the Indian Penal Code, 1860, the prosecution is required to prove that the death of the victim occurring ‘otherwise than under normal circumstances’:
In order to establish that the accused has committed an offence under Section 304-B of the Indian Penal Code, 1860, the prosecution is required to prove that the death of the victim occurring ‘otherwise than under normal circumstances’:
Updated On: Jul 11, 2024
- Is either homicidal or suicidal death.
- Is accidental death only.
- May be homicidal or suicidal or accidental death.
- Is suicidal death only.
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): May be homicidal or suicidal or accidental death.
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Question: 6
The words ‘soon before’ in Section 304-B of the Indian Penal Code, 1860, are not interpreted as ‘immediately before’ because:
The words ‘soon before’ in Section 304-B of the Indian Penal Code, 1860, are not interpreted as ‘immediately before’ because:
Updated On: Jul 11, 2024
- A criminal statute is to be interpreted strictly.
- Section 304-B of the Indian Penal Code, 1860 is to be read with the presumption under Section 113B of the Indian Evidence Act, 1872.
- Once these ingredients are satisfied, the rebuttable presumption of causality underSection 113-B of the Indian Evidence Act, 1872 operates against the accused.
- The legislative intent of Section 304-B of the Indian Penal Code, 1860 is to curb the social evil of bride burning and dowry demand.
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The Correct Option is D
Solution and Explanation
The Correct Answe is option ():
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