Section 304B of IPC (Dowry Death) : Supreme Court Explains the Provision

Section 304B of IPC  : Supreme Court Explains the Provision 

Section 304B IPC entails imprisonment for life as well but there is no fine under that section.

In Baijnath v State of MP [2016] GCtR 3130 (SC) it has been commented thus : - 

"In the offence of dowry death defined by Section 304B of the Code, the ingredients thereof are: 

(i) death of the woman concerned is by any burns or bodily injury or by any cause other than in normal circumstances and 

(ii) is within seven years of her marriage and 

(iii) that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of the husband for, or in connection with, any demand for dowry. 

The offence under Section 498A of the Code is attracted qua the husband or his relative if she is subjected to cruelty. The explanation to this Section exposits “cruelty” as:

(i) 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) or 

(ii) 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.

"Patently thus, cruelty or harassment of the lady by her husband or his relative for or in connection with any demand for any property or valuable security as a demand for dowry or in connection therewith is the common constituent of both the offences."

"The expression “dowry” is ordained to have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961. The expression “cruelty”, as explained, contains in its expanse, apart from the conduct of the tormentor, the consequences precipitated thereby qua the lady subjected thereto. Be that as it may, cruelty or harassment by the husband or any relative of his for or in connection with any demand of dowry to reiterate is the gravamen of the two offences."

Written by 

Vishal

Delhi

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