01 April, 2008

Section 304 B ( Dowry Death)

Contributed by Deepak Miglani

According to Section 304 B of the IPC(Indian Penal Code) “where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is how that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowry such death shall be called ‘dowry death’, such husband or relative shall be deemed to have caused her death.”

Punishment for causing dowry death is imprisonment for a term which shall not be less than seven years. It can be extended to imprisonment for life.

The essentials of section 304 B are as given below:-
· Death of woman should occur otherwise than under normal circumstances;
· It should take place within seven years of her marriage;
· Soon before her death she should have been subjected to cruelty and harassment in connection with any demand for dowry.

The words “soon before her death” do not necessarily mean immediately before her death. This phrase is an elastic expression and can refer to a period either immediately before death of the deceased or within a few days or few weeks before death.

The most important aspect is “there should be a perceptible nexus between the death of the deceased and the dowry related harassment or cruelty inflicted on her.

For any query:-
legalpoint@aol.in

1 comment:

Anonymous said...

Could Sunanda Pushkar's case come within this purview?