Question

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:

• A. N.V. Ramana, Uday Umesh Lalit and A.M. Khanwilkar, JJ.
• B. N.V. Ramana, Sanjay Kishan Kaul and Surya Kant, JJ.
• C. N.V. Ramana, Surya Kant and Aniruddha Bose, JJ.
• D. N.V. Ramana, L. Nageswara Rao and Hemant Gupta, JJ.
• A. Section 2 of the Dowry Prohibition Act, 1961.
• B. Section 3 of the Dowry Prohibition Act, 1961.
• C. Section 498A of the Indian Penal Code, 1860.
• D. Section 304B of the Indian Penal Code, 1860.
• A. True.
• B. False.
• C. Neither true nor false as the application of the presumption is a matter of discretion of court.
• D. Neither true nor false as the application of the presumption depends on the facts of the case
• A. The length of time between demand of dowry and death.
• B. The gravity of demand of dowry, including the existence of burns of injuries inflicted while making such demand
• C. The length of marriage of the victim and the accused.
• D. The totality of circumstances of each case, without relying on any straight jacket formula.
• A. Is either homicidal or suicidal death.
• B. Is accidental death only.
• C. May be homicidal or suicidal or accidental death.
• D. Is suicidal death only.
• A. A criminal statute is to be interpreted strictly.
• B. 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.
• C. Once these ingredients are satisfied, the rebuttable presumption of causality underSection 113-B of the Indian Evidence Act, 1872 operates against the accused.
• D. 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.

Answer 1

The Correct Option is C

The correct answer to the question about the composition of the bench in the Gurmeet Singh v. State of Punjab, 2021 SCC OnLine SC 403 case is: N.V. Ramana, Surya Kant and Aniruddha Bose, JJ.

In order to understand the context of dowry death as discussed in the case, it's important to look at the legal provisions:

• Section 304-B (1) of IPC: Defines ‘dowry death’ as where a woman's death is caused by burns or bodily injuries, or occurs under unnatural circumstances within seven years of marriage. It must be shown that soon before the death, the woman was subjected to cruelty or harassment related to dowry demands by her husband or his relatives.
• Section 304-B (2) of IPC: Prescribes punishment for dowry death.
• Section 113B of the Indian Evidence Act, 1872: Offers a rebuttable presumption of causality if the prosecution establishes the necessary ingredients of Section 304-B IPC.

The guidelines summarized by the Supreme Court regarding the dowry death law include:

• The interpretation of Section 304-B must align with the legislative intent to address bride burning and dowry demands.
• The prosecution needs to establish that necessary ingredients of the offence under Section 304-B are met. Once established, Section 113B of the IEA triggers a rebuttable presumption against the accused.
• The term ‘soon before’ in Section 304-B does not strictly mean ‘immediately before.’ There needs to be a ‘proximate and live link’ between the cruelty or harassment for dowry demand and the victim's death.

Answer 2

To determine in which provision the term 'dowry' is defined, let's analyze the given options:

1. Section 2 of the Dowry Prohibition Act, 1961.
2. Section 3 of the Dowry Prohibition Act, 1961.
3. Section 498A of the Indian Penal Code, 1860.
4. Section 304B of the Indian Penal Code, 1860.

Analysis: According to the Dowry Prohibition Act, 1961:

• Section 2 of the Dowry Prohibition Act, 1961: This section contains the definition of 'dowry'. It defines dowry as any property or valuable security given or agreed to be given either directly or indirectly.
• Section 3 of the Dowry Prohibition Act, 1961: This section relates to the penalty for giving or taking dowry.
• Section 498A of the Indian Penal Code, 1860: It deals with husband or relative of husband of a woman subjecting her to cruelty.
• Section 304B of the Indian Penal Code, 1860: This section defines 'dowry death' and prescribes punishment for the same.

Conclusion: The correct provision where the term 'dowry' is defined is Section 2 of the Dowry Prohibition Act, 1961.

Answer 3

The statement regarding the presumption as to dowry death under Section 113B of the Indian Evidence Act, 1872, being a 'shall' presumption is True.

To understand why this is true, let's analyze the legal provisions involved:

1. Section 304-B of the Indian Penal Code (IPC): This section defines 'dowry death' and outlines its critical elements:

   • The death of a woman caused by burns or bodily injury or occurs under suspicious circumstances within seven years of marriage.
   • Evidence showing that soon before death, the woman was subjected to cruelty or harassment by her husband or his relatives concerning dowry demands.

2. The Role of Section 113B of the Indian Evidence Act: Once the above ingredients are proven, Section 113B creates a 'shall' presumption against the accused. This means:

   • The court must presume that the husband or his relatives had caused the dowry death once the essential elements of Section 304-B are established.
   • This presumption is mandatory, but it is rebuttable, allowing the accused to present evidence to counter it.

The wording of Section 113B suggests the presumption it provides is obligatory, not discretionary, making the statement 'True.' The language aims to reinforce stringent measures against the social evil of dowry-related deaths.

Answer 4

To determine whether the demand for dowry was 'soon before' the death of an alleged victim of dowry death under Section 304-B of the Indian Penal Code, 1860, the court considers the following:

The phrase 'soon before' in the context of Section 304-B of IPC cannot be interpreted strictly as 'immediately before.' Instead, it must be assessed based on the 'proximate and live link' between the demand for dowry and the cruelty or harassment faced by the victim leading to her death. This requires a comprehensive evaluation of the case's circumstances.

The Supreme Court of India has emphasized that there isn't a strict formula for determining 'soon before,' and each case must be judged on its totality of circumstances. Therefore, the correct option is: "The totality of circumstances of each case, without relying on any straight jacket formula."

The court also considers legislative intent, which seeks to curb social evils like bride burning and dowry demand, ensuring the due process of establishing the offence under Section 304-B. Once the necessary ingredients are proven, the presumption of causality under Section 113-B of the Indian Evidence Act, 1872, is activated, placing the onus on the accused to rebut the presumption.

Answer 5

The question pertains to the interpretation of Section 304-B of the Indian Penal Code, 1860, which deals with 'dowry death.' To establish an offence under this section, the prosecution must prove that the death of the victim occurred 'otherwise than under normal circumstances.' This phrase is crucial in understanding the scope of deaths covered under this section. The law does not restrict the type of unnatural death to a specific cause such as homicidal, suicidal, or accidental. Instead, it encompasses all these possibilities.

Based on the comprehension provided, we can understand the following points:

• Definition of Dowry Death: As per Section 304-B (1) of IPC, a dowry death occurs when a woman dies due to burns, bodily injury, or under conditions that are not normal, within seven years of marriage, and there is evidence of cruelty or harassment related to dowry demands by her husband or his relatives.
• Punishment: Section 304-B (2) outlines the punishment for this offence.
• Legal Interpretation: The Supreme Court of India emphasizes interpreting Section 304-B to effectively address the social issues of bride burning and dowry demands. This interpretation considers diverse forms of unnatural deaths in line with legislative intent.
• Rebuttable Presumption: Upon establishing the necessary ingredients of the offence, Section 113-B of the Indian Evidence Act, 1872, provides a rebuttable presumption of causality against the accused.
• Temporal Proximity: The phrase 'soon before' does not imply 'immediately before.' It requires a proximate link between the cruelty/harassment and the victim's death.

Thus, the correct answer is that the unnatural death under Section 304-B can be homicidal, suicidal, or accidental as all fall under the scope of deaths 'otherwise than under normal circumstances.'

Answer 6

The phrase ‘soon before’ in Section 304-B of the Indian Penal Code, 1860, should not be interpreted as ‘immediately before’ because the legislative intent of this section is to address the serious social problems of bride burning and dowry demands. The intention is not to strictly narrow down the time frame between the cruelty experienced by the victim and her death, but rather to ensure that a significant link is established between the two events. The Supreme Court of India has provided clarity on this matter to ensure that justice is not hindered by overly restrictive interpretations that could otherwise fail to address the root issues.

According to Section 304-B(1) of IPC, a 'dowry death' happens when an unnatural death occurs within seven years of marriage under circumstances of cruelty or harassment related to dowry demands by the husband or his relatives. The court requires a 'proximate and live link' between the cruelty or harassment and the resultant death to uphold the legislative intent, which is to curb such social evils effectively.

Therefore, the correct understanding of the law and answer to why 'soon before' is not taken to mean 'immediately before’ is that the legislation aims to provide broader protection and to uphold its purpose of curbing socially harmful practices such as bride burning and dowry demands.