1

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

DEHRADUN

Family Law

Research Paper

Dowry Deaths in Rural Sectors in India

Submitted to: Submitted by:

Dr. Lakshmi Priya Vinjaymuri Abhishek Chhabra

ASST. PROFESSOR 500011974

COLS, UPES B.A LLB (IVth SEM)

 2

INDEX

1. Introduction to Dowry…………………………………………..3
2. Dowry Death……………………………………………………..3
3. SEC 498(A)……………………………………………………….4
4. Presumption as to Dowry Death…………………………………4
5. Distribution of Dowry Deaths in Karnataka…………………...5
6. Investigation of dowry Death cases………………………………5
7. What constitutes offence in dowry death cases?.......................5-7
8. Dowry Death in rural sectors of Bihar…………………………7
9. Statistics of Dowry Death in India……………………………..7-8
10.Cases related to Dowry Deaths……………………………….9-11
11.Bibliography …………………………………………………..12
 3

Introduction

Dowry

According to Sec.2 of the dowry prohibition Act, 1961:

In this Act, "dowry" means any property or valuable security given or agreed to be given either
directly or indirectly.
(a) By one party to a marriage to the other party to the marriage, or
(b) By the parent of either party to a marriage or by any other person, , to either party to the
marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection
with the marriage of the said parties, but does not include] dower or mahr in the case of persons
to whom the Muslim Personal Law (Shariat) applies.
The word ‗dowry‘ should be any property or valuable given or agreed to be given in connection
with the marriage. The customary payments in connection with birth of child or other ceremonies
are not involved within ambit of dowry; Satbir Singh v. State of Punjab, AIR 2001 SC 2828.1
Dowry Death

Section 304B of the IPC defines the offence of dowry death and prescribes punishment for
dowry death. The death of a woman should be cause by any burns or bodily injury or occur
otherwise than under normal circumstance, the death should have occurred within seven years of
her marriage, it should be shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relatives of her husband. The cruelty or harassment should be
for or in connection with any demand for dowry.

Sec. 304(b) of dowry death of indian penal code states that:

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 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, such death shall be called ―dowry
death‖, and such husband or relative shall be deemed to have caused her death.

1
Satbir Singh v. State of Punjab, AIR 2001 SC 2828.1
 4

Sec 498(A)

Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the

husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun-
ished with imprisonment for a term which may extend to three years and shall also be liable to
fine.

Why do people misuse IPC 498(a)?

 Legal Extortion – Get-rich-quick-scheme to extort large amounts of money.

 Prior Relationship – Wife has a prior relationship, and cannot get out of it. She marries
to satisfy her parents, and then misuses the 498a law in order to obtain a divorce.
 Adultery – Women who indulge in adultery use 498a as a bargaining tool.
 Domination – Wife wants the husband to abandon his parents and siblings, and have
total control over his finances and social behavior, including his lifestyle.
 Custody - Deny the father and his family access to their child(ren).
 Fraudulent Marriages - in which the bride (and her family) hides her education level or
mental health; and when is justifiabily asked to free the person who has gone into
marriage without knowing the full facts; she files a false 498a case.

Presumption as to Dowry Death

The Evidence Act was amended simultaneously with the insertion of section
304B in the Penal Code by the same Amendment Act. The Indian Evidence Act section 113 B
provides for the presumption as to dowry death. As per this section:

When the question is whether a person has caused the dowry death of a woman and it is shown
that soon before her death such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry, the court shall presume that such
person had caused such dowry death.

This presumption will arise only when the prosecution has established the
basic element of demand of dowry. The initial burden lies in the prosecution to prove the
ingredients of section 304B, including the fact that soon before her death she had been subjected
 5

to cruelty or harassment for or in connection with any demand for dowry. The presumption
against the accused person that the has caused dowry death.

Distribution of Dowry Deaths in Karnataka

Karnataka police took the first major step in tackling the menace of increasing Dowry death
cases in 1980. At that time all cases where a woman ties within 5 years of a marriage were to be
investigated by an officer of or above the rank of deputy or the assistant superintendent of police.
With the post-mortem to be held by team of two doctors.

After the criminal law (second amendment) Act, 1983 it made mandatory to do investigation in
case of unnatural death of a woman within seven years of a marriage.

On 23-4-1987 a law circular No.4897 made it mandatory that all cases of unnatural death of a
women within 10 years of marriage should be investigated.

Investigation of dowry Death cases

Dowry death cases have become sensational topical issues these days with the
public being highly sensitised to the menace of the offences with the unfortunate
swelchie of cruel practices and circumstances deliver an innocent girl at death's
door. All institutions of society including the government, press, women's or-
ganisations, judiciary and police handle dowry death cases on a special footing.
Each such case outrages the patience of thinking people and rouses passion and
outcry against the perpetrators of the offence.

What constitutes offence in dowry death cases?

Offences under the Dowry Prohibition Act:

a) Giving and taking dowry after 2-10-1985 is an offence except customary

presents, given to bride or bridegroom in keeping with the donor's financial
status without any demand. The offence is punishable u/s: 3 of the Act.
 6

b) Demanding dowry from the spouse's relatives or guardians is an offence

from 2-10-1985. The offence is punishable u/s: 4 of the Act.

c) A person failing to give to the bride dowry received by him as customary

presents; or to her children or to parents in that order if she dies because of
unnatural cause within seven years of her marriage. The offence is punish-
able u/s: 6 of the Act.

Offences under the Indian Penal Code:

a) Husband or his relatives subjecting a woman to harassment to coerce her or her

relatives to meet dowry demands or because of their failure to meet the demands and the
woman soon afterwards dies of bodily injuries under unnatural circumstances within
seven years of her marriage. The husband or his relatives who subjected her to
harassment are punishable for committing the offence of dowry death u/s: 304(B) IPC
r/w 113(B) of the Indian Evidence Act.

b) Husband or his relatives subjecting a woman to harassment to coerce her or her

relatives to meet any unlawful demands or because of their failure to meet the demands
and the woman commits suicide within seven years of her marriage. The husband or his
relatives who subjected her to harassment are punishable for the offence of abetment to
commit suicide u/s: 306 IPC r/w 113(A) of the Indian Evidence Act.

c) Husband or his relatives for reason of dowry demand intentionally subjecting a woman
to any conduct that is possible to drive her to commit suicide or grave self-injuries and
the woman soon afterwards dies of bodily injuries under unnatural circumstanccs within
seven years of her marriage. The husband or his relatives who subjected herto the
conduct are punishable for dowry death u/s: 304(B) IPC r/w 113(B) of the Indian
Evidence Act.
 7

d) Husband or his relatives intentionally subjecting a woman to any conduct that is

possible to drive her to commit suicide or grave self-injuries and the woman commits
suicide within seven years of her marriage. The husband or his relatives who subjected
her to the conduct are punishable for the offence of abetment to commit suicide u/s: 306
IPC r/w 113(A) of the Indian Evidence Act.

Dowry Death in rural sectors of Bihar

In Bihar, 918 dowry deaths were reported last year, as compared to 1,210 in 2008.Second highest
in India While it is illegal for a dowry to be offered or accepted, it still exists. A girl's family has
to pay for the boy's family to take the girl as their son's bride. The richer the girl's family is, the
higher the asking price. Some girls have been punished by the groom's family if her dowry is not
large enough, or slow in coming. Women aren't second class citizens in some areas of India, they
are considered less than live stock.

The ugly face of dowry related crimes within the high walls domesticity, where brides are burnt
for dowry, and female children squashed in the wombs of the mothers – gave birth strict anti-
dowry laws listed in Article 498 A of the Indian Penal Code. Effective police action and
increased social awareness of the evil effects of the practice of dowry, has done much to
diminish its popularity. But dowry still persists in many parts of the country and is one of the
main reasons of domestic abuse.

Statistics of Dowry Death in India

On an average one Indian woman commits suicide every four hours over a dowry dispute, as per
official data, despite a series of laws to empower them.

According to data complied by the National Crime Records Bureau (NCRB), a total of 2,276
female suicides due to dowry disputes were reported in 2006 that is six a day on an average,
while the figure was 2,305 in 2005. In 2004, at least 2,585 such cases were registered across the
country.

Statistics suggest that Madhya Pradesh topped the list for the fourth time with 585 cases,
accounting for one-fourth of the total number of such suicides last year in the country. West
 8

Bengal was second with 445 cases and Uttar Pradesh third with 314 cases. The national capital
was seventh with 69 cases. Police officials in the capital told reporters that suicide by hanging
was the most common means adopted to end life followed by self-immolation in such cases.

In 2010, 8391 dowry death cases were reported across India, meaning a bride was burned every
90 minutes, according to statistics recently released by the National Crime Records Bureau.
A decade earlier this number was 6995, but climbed to 8093 dowry deaths in 2007.
Dowry, although banned by law in 1961 but never seriously enforced, is an ancient tradition
prevalent amongst most Indian families.
With prosperity burgeoning after the early 1990s when India's state-controlled economy opened
up to a free market system, this pernicious custom became more acute with greedy grooms
backed by their families seeking to get rich through their hapless brides.
But if a bride refused to satisfy incessant demands by her husband and in-laws for money and
goods, despite having brought with her the mandatory dowry at the time of marriage, she was
subjected to inhuman treatment.

The NCRB is a central body assigned to compile crime figures in the country. Its figures also
state that one case is registered almost every hour under Dowry Death, which includes suicides
as well as murders.

'A total of 7,618 cases were registered under Dowry Death in 2006, while 6,787 cases were
registered in 2005. In 2004, at least 7,026 such cases were recorded,' a police official said.
Dowry is a social evil but continues to be a common practice in almost every part of India.
Women at the time of marriage are expected to bring with them jewellery, cash and even
consumer durables are part of dowry to the in-laws and they are subsequently ill-treated, often
violently, if they fail to do so.

Abetting suicide is punishable by imprisonment up to 10 years and a fine.

Anti-dowry laws in India were enacted in 1961 but the laws themselves have done nothing to
halt dowry transactions. Many of the victims are burnt to death - they are doused in kerosene and
set fire to. Routinely the in-laws claim that the death happened simply due to an accident.
 9

Cases related to Dowry Deaths

1. Ajay Kumar Das Vs. State of Jharkhand and Anr.2

Facts of the case
The informant filed a First Information Report that his daughter was married to the
Appellant herein in the year 2002, as per the Hindu rites and custom and that at the time
of her marriage, informant had given sufficient dowry.
It was stated therein that the informant's daughter complained about the torture meted out
to her by the father-in-law and the mother-in-law to her husband, the present Appellant
who allegedly did not pay any heed. It was also alleged that on 29th September, 2006,
father-in-law and the mother-in-law talked to the accused on telephone and in a well-
planned conspiracy caused death of the daughter of the informant. On receipt of the
aforesaid information a case was registered, thereafter the police started investigation.
After the completion of the investigation, a charge sheet was filed on 14th April, 2007.
An order was also passed on 17th April, 2007, by the Magistrate taking cognizance which
is also assailed in the present case. The Appellant was granted anticitatory bail by the
High Court on 10th April, 2007.
Judgment
J. Mukundakam Sharma “Therefore, while rejecting the contention of the counsel
appearing for the Appellant so far quashing of the proceedings is concerned we give
him the liberty to raise all his defence as may be available to him in accordance with
law at the time of framing of the charge and at that stage the Court shall consider the
material on record as also the contentions raised by the Appellant in proper perspective
and decide the matter in accordance with law. We also make it clear that any
observation made by us herein would not be in any manner construed as our
observations or views with regard to the merit of the case or the defence of the
Appellant.”

AIR2011SC3652
2
 10

2. Dasrath v. State of M.P3

Facts of the case
Dasrath was married to Pinki who died under suspicious circumstance of burning. An
intimation regarding death came to be given to the Police Station Pandhokhar, Distt.
Gwalior. The said intimation was given by the complainant Vadehi Saran s/o Ramanand
Kaurav who was none else but the father of the deceased Pinki. It was, inter alia, stated
that on that day i.e. 12.8.1992 in the morning his son Jitendra Singh had gone to village
Saujna for Rakhi festival to his daughter Pinki's house. But he returned at about 7 p.m.
and told him that Pinki had caught fire and was sent to Daboh for treatment. Vadehi
Saran further stated that on hearing the news, he along with some co-villagers went to
Daboh. However, one Santosh belonging to his village met him near Dugdha Dairy and
told him that Pinki had died. Then Vadehi Saran along with others went to village Saujna.
But by the time they reached there, Pinki's cremation was over. It was because of this that
they came to the Police Station and further action was requested on the basis of the death
report.

On this basis, a First Information Report was got registered on 16.8.92 wherein it was
recorded that the death intimation was given on 12.8.92 at 23.15 hours orally about the
death of Pinki. It was recorded on a preliminary inquiry made by Head Constable Jaswir
Singh by visiting village Saujna and the Station House Officer R.S. Purohit had also
made inquiries relating to the death. The place of occurrence was examined by SDOP
R.K. Hirodia and inquiry was made from the deceased's father Vadehi Saran, uncle
Uttam Singh, brothers Janved Singh and Jitendra Singh, mother Vidya Devi and sister
Pratibha. During this inquiry, it was found that the deceased was married 2 years prior to
the date of incident and because of the non-payment of dowry, her husband Dasrath,
father-in- law Kalyan Singh and Sister-in-law Usha were harassing her. The earlier
statement given by Vadehi Saran was repeated. It was then mentioned that on 12.8.1992
the sister-in-law Usha, husband Dasrath caught hold of Pinki and father-in-law Kalyan
Singh poured kerosene oil on her and set her on fire because of which she got burnt. The
accused thereafter cremated her and cleaned the place where occurrence had taken place.

AIR2010SC2592
3
 11

Judgment

J. Mukundakam Sharma “From all this, it is clear that the prosecution has not only
proved the offence under Section 304B, IPC with the aid of Section 113B, Indian
Evidence Act but also the offence under Section 201, IPC. We are satisfied that all
the three ingredients of Section 304B, IPC, they being:
1. that the death of a woman has been caused by burns or bodily injury or occurs
otherwise than under normal circumstances;
2. that such death has been caused or has occurred within seven years of her
marriage; and
3. that soon before her death the woman was subjected to cruelty or harassment by
her husband or any relative of her husband in connection with any demand for
dowry.
as also the presumption under Section 113B of India Evidence Act are fully
established the case of prosecution.
We have gone through the judgments of the Trial Court as well as the appellate
Court carefully and we find that both the Courts have fully considered all the aspects
of this matter. We, therefore, find nothing wrong with the judgments and confirm
the same. The appeal is, therefore, dismissed.”
 12

Bibliography

1. http://www.vakilno1.com/bareacts/indianpenalcode/s498a.htm
2. http://wcd.nic.in/dowryprohibitionact.htm
3. http://www.vakilno1.com/bareacts/indianpenalcode/S304B.htm
4. http://www.slideshare.net/fatima86/dowry-death-in-india-finalpptx
5. http://lawpoint.in/legal-articles/41-criminal-law-ipc/81-dowry-death-1
6. http://www.police7.blogspot.in/
7. http://zeenews.india.com/news/etc/1-dowry-death-every-4-hrs-in-
india_414869.html
8. www.manupatra.com
9. www.indiakannon.com