Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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UNIT I

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council
of India)
2
WHAT IS DOWRY ?
 Property or valuable security
 Given or agreed to be given
 Directly or indirectly
 By one party to the marriage to the other party
 Before, at the time of or after marriage
 In connection with the marriage
 Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar
Council of India)
3
Offences relating to dowry under the Indian Penal Code
• Cruelty by husband or relatives of the husband (Section 498

A)
• Dowry Death (Section 304 B)

of India)
4
Section 498-A
 Wilful conduct 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) of the woman, or
 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.

of India)
SECTION 304-B
 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 shown 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,

Council of India)
Investigation
• Offences under the Indian Penal Code
– Cognizable, non bailable and non compoundable
– Police to inquire and report on Dowry suicides and
Dowry Deaths to the Executive Magistrate empowered
to hold inquests (Section 174 Cr. P.C.)
– Executive Magistrates should hold an inquiry into the
cause of death either instead of or in addition to the
investigation held by Police Officer in case of Dowry
Deaths

of India)
7
Trial of offences
 Offence under Section 498 A to be tried by Judicial

Magistrate of First Class
 Court not to take cognizance of the offence except upon
 A police report
 A complaint made by the person aggrieved by the
offence or by her father, mother, brother, sister or by
her father’s or mother’s brother
 With the permission of the Court, by any other person
related to her by blood, marriage or adoption

of India)
8
Trial of offences contd..
• Offence under Section 304 B to be tried by Court of Session

• Provisions pertaining to Limitation
– Not applicable to offences under the Dowry Prohibition
Act

of India)
9
Rules of Evidence
• Burden of proving that he had not taken, demanded or
abetted the taking or demanding of Dowry rests on the
accused.
• Presumption as to the abetment of suicide by a married
woman (Section 113 A of Indian Evidence Act)
• Presumption as to Dowry Death (Section 113 B of the
Indian Evidence Act)

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of
India)
10

UNIT II
TOPICS:-
1)HURT AND GRIEVEOUS HURT
2)WRONGFUL RESTRAINT AND
CONFINEMENT
3)CRIMINAL FORCE AND ASSAULT
4)KIDNAPPING AND ABDUCTION

of India)
11
HURT
SECTION-319
 Causing bodily pain, disease or infirmity
GRIEVOUS HURT
SECTION 320
 Hurt endangering life or causing severe bodily pain for 20

days or more during which period, he is incapable of
following his ordinary pursuits

of India)
12
WRONGFUL RESTRAINT
SECTION 339
 Wrongfully preventing a person from proceeding in a

direction in which he has a right to proceed.
WRONGFUL CONFINEMENT
SECTION 340
Wrongfully preventing a
person from proceeding
beyond certain prescribed
limits

India)
13
CRIMINAL FORCE
SECTION 350
 Using force with an intent to commit an offence or to cause

injury, fear or annoyance
ASSAULT
SECTION 351
 Threat to use criminal force

India)
14
KIDNAPPING FROM INDIA-Section 359,360 & 361
• Conveying a person beyond the limits of India

• Without his consent or guardian’s consent (in case of a
minor or person of unsound mind)

India)
15
KIDNAPPING FROM LAWFUL GUARDIANSHIP
Taking or enticing away

• a minor
– Girl – below 18 years age
– Boy – below 16 years age
• or person of unsound mind
• out of the keeping of the guardian
• without his consent

India)
16
ABDUCTION-Section 362
• Compelling by force or inducing by deceitful means any
person to go from any place

of India)
17
SECTION 498a IPC
• Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal

law (not a civil law) which is defined as follows
– “Whoever, being the husband or the relative of the husband of

a woman, subjects such woman to cruelty shall be punished
with imprisonment for a term which may extend to three years
and shall also be liable to fine. The offence is Cognizable, non-
compoundable and non-bailable”

Council of India
498a and Society:
• Abuse of the Criminal Judicial System

• Elder Abuse – Most senior citizens who have never been to the police
stations or courts in their lifetime are dragged into jail without
investigation and then into court cases that span several years
• Women Abuse – Many women in the husband’s family are abused by
the process
• Abuse of entire extended family – Many in the husband’s family
lose their jobs/earnings
• Cruelty towards Children – Separation of parents from children,
including infants results in trauma
• Unequal rights (not only women vs. men butalso women vs.
women) – The wife/daughter-inlaw can file charges against all the
women in the husband’s family even if they are innocent but the
female relatives of a husband do not have similar

India
498a and Society:
• Disintegration of families – Due to fear of being implicated in a false

498A case, parents have now started to legally disown their sons before or
immediately after marriage. The terror of this law has resulted in the break
up of numerous families.
• Suicides of innocent people – Unable to bear the harassment and the

humiliation they suffer after being charged in a false criminal case, many
people, including aged senior citizens, have been committing suicides

of India
COURT OPINION:-
• Supreme Court (Sushil Kumar Sharma Vs. Union of India Writ petition(C)
no.141 of 2005) has condemned 498A as “Legal Terrorism”
• The Supreme Court and High Courts have acknowledged this ‘misuse’ as a
growing menace in the society and have recommended the legislature to
amend the law
• Justice Malimath committee recommended that IPC 498a be made bailable
and compoundable.

of India
INDIAN PENAL CODE

India)
22
• UNIT II
TOPICS
1)Theft
2)Extortion
3)Robbery
4)Dacoity
5)Criminal Misappropriation
6)Criminal Breach Of Trust
7)Cheating
8)Mischief
9)Criminal Trespass
10)Forgery
11)Making False Document
12)Defamation

of India)
23
THEFT
 Dishonestly taking moveable property out of possession of
another without his consent.
EXTORTION
 Intentionally putting a person under fear of injury to that
person or any other person
 Dishonestly inducing the person so put under fear to deliver
any property or valuable security

of India)
24
ROBBERY
 Theft or extortion
 Accompanied by use or threat to use
 Force or violence
DACOITY
 Five or more persons
 Committing or attempting to commit robbery

of India)
25
CRIMINAL MISAPPROPRIATION
• Dishonestly misappropriating or converting moveable

property to one’s use
CRIMINAL BREACH OF TRUST

• Person entrusted with property dishonestly misappropriates
or converts to his own use such property

Council of India)
26
CHEATING
• Deceiving a person and
• dishonestly or fraudulently inducing the person so deceived
• to deliver any property or retain any property or
• to do or omit doing anything which he would not have done
but for deception and
• suffers injury

Council of India)
27
MISCHIEF
• Causing destruction of property
• With an intent to cause wrongful loss or damage
• To public or to any person

of India)
28
CRIMINAL TRESPASS
• Unlawfully entering or remaining on the property of another
• with an intent to commit an offence or
• with an intent to insult, intimidate or annoy
• the person in possession of property.

of India)
29
FORGERY
• Making a false document
• With an intention to
– Cause injury or damage to the public or to any
person or
– Commit fraud

India)
30
MAKING FALSE DOCUMENT
• Dishonestly or fraudulently
• Making, signing, sealing or executing a document in the name of
another person or
• Altering or canceling an executed document without authority or
• Causing a person of unsound mind or intoxicated person who does
not understand the nature of the document to sign, seal, execute
or alter a document

of India)
31
DEFAMATION
• By words spoken or written or
• By signs or visible representations
• Making or publishing any imputation concerning any
person
• Intending to harm or knowing that such imputation
will harm
• The reputation of such person

of India)
32

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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040