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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S.302 and S.304, IPC : Supreme Court Explains A Crucial Legal Aspect

S.302 and S.304, IPC : Supreme Court Explains A Crucial Legal Aspect 

An important Judgment has been passed by Hon'ble Supreme Court on 25 August 2009 which dealt with S.302 and S.304 of IPC.

In Gurmukh Singh Vs. State of Haryana, 2009 (15) SCC 635, while discussing the question as to whether the offence therein fell under S.302 of IPC or S.304, IPC, has identified four ingredients which need to be fulfilled for invoking the said exception which are that death should be caused (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed.

In cases of single injury, the facts and circumstances of each case has to be taken into consideration before arriving at the conclusion whether the accused should be appropriately convicted under section 302 IPC or under section 304 Part II IPC. 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 25 August 2009.

Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.