COURSE CODE: law 319

COURSE NAMe :indian penal code

NAME OF FACULITY: baishali jain
Ca no : 2
REG NO: 12012461
Class: bba llb (l2003)
STUDENT NAME: Tamanna Chawla
Identification of offence
The offence identified is
1. demand of dowry
2. causing injuries
3. cruelty
4. criminal breach of trust.
Dowry (or dahej) is the demand for property, goods, cash to the
bride’s family as a deal for the successful commencement of their
marriage. Dowry basically was gifts given by the bride’s family to the
groom at the time of marriage or before marriage. After passing
from generation to generation, it now has converted into evil
practice in society. Earlier where dowry was moreover like a gift but
today it is more of a compulsion to the bride’s family.
Dowry Harassment means torturing a bride for dowry either
physically or emotionally. This harassment generally happens after
the marriage where the bride is asked for more dowry.
However, asking dowry and giving it has been a crime in the eyes of
law. But still, these traditions have not been fully eradicated from
our society. Sometimes this harassment goes to a severe level and
forces the bride or their family to death.

Analysis of crime under IPC

IPC Section 323
voluntarily causes hurt, shall be punished with imprisonment of
either description for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both.
IPC Section 34
Acts done by several person in furtherance of common intention
When a criminal act is done by several persons in furtherance of the
common intention of all, each of such persons is liable for that act in
the same manner as if it were done by him alone.

Section 406 IPC

Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

IPC Section 498-A

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.
Empirical work either in police station or court at any
other relevant place.
1. Fir filled by petitioner ( kanta).
bail application filed by respondent Silochna (mother-
in-law) ,Raju (father-in-law),Rahul (bother in law )
Report writing
1.Facts of case
Kanta
……………………………………………………………….petitioners
VERSUS
Vishnu (husband)
Silochna (mother-in-law)
Raju (father-in-law)
Suman (sister-in-law)
Sunita (sister-in-law)
Rahul (bother in law )
……………………………………………………………..…Respondent

1. Petitioner and respondent Vishnu has been married on 4-april -

2021ion Allahabad.
2. Rs 4,00,000 were spent by petitioners family in marriage.
3. 50 grams of gold and 100 grams of silver ornaments are given
by petitioners family.
4. Television, Refrigerator, air conditioner and furniture like bed,
chair, almera are given.
5. 101 utensil and other household items were given.
6. After few days of marriage the above accused persons started
harassing and troubling the applicant
7. the accused persons started demanding more dowry from the
applicant and started taunting that as you are inferior, you
have brought inferior goods.
 8. Vishnu ( accuse) is addicted to alcohol, plays gambling and bets
on matches and was not good in conduct and used to keep an
eye on other women and may have relations
9. Accuse comes home late every night and used to beat the
applicant and harassed her a lot
10. the applicant further and used to say that we will get you
divorced and married to a beautiful and rich girl.
11. the above accused used to demand motor cycle and
Rs.50,000 in cash and drove the applicant out of the house.
12. That a panchayat was held earlier, in which the panchayat
took the responsibility of the applicant, Mukesh, to the house.
Yes, then after going home, again they used to fight and abuse
and drive them out of the house.
13. That the applicant has been staying with her parents for
the last three months and even after the applicant does a
panchayat, the culprits are not coming to the panchayat and
are not settling, on the contrary, they fight with the applicant.
14. The culprits called the applicant to the field and there,
after closing the gate of the room and beat up the applicant
and demanded dowry.

2. Application of essentials of offences

Section 323 of IPC
voluntarily causes hurt, shall be punished with imprisonment of
either description for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both.

Section 319 hurt

Essential of hurt are:-
1. bodily injury
 2. disease
3. infirmity
And essential; of hurt are satisfied in clause or point 14 accuse beat
up (boldly injury) the applicant

Section 34 of IPC
Acts done by several person in furtherance of common intention
When a criminal act is done by several persons in furtherance of the
common intention of all, each of such persons is liable for that act in
the same manner as if it were done by him alone.

Essential of :-
1. Common intention
2. Act done by several person
In this case act is done by several person such as Vishnu ,Silochna
,Raju, Suman , Sunita ,Rahul and thire common intention is abuse the
applicant and ask for dowry.

Section 406 IPC

Punishment for criminal breach of trust.—Whoever commits criminal
breach of trust shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.
The family and his husband committed breach of trust of applicant as
accuse is addicted to alcohol, plays gambling and bets on matches
and was not good in conduct and used to keep an eye on other
women and may have relations and all the dowry which she has
brought with him is taken force full from the applicant.
Section 498-A of IPC
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.

Essential:-
1. The woman must be married;
2. She must be subjected to cruelty or harassment; and
3. Such cruelty or harassment must have been shown either by the
husband of the woman or by the relative of her husband.
As per this case the applicant kanta was married to accuse Vishnu.
She has be subjected to cruelty or harassment
Such cruelty or harassment have been done by the husband of the
woman (Vishnu ) and by the relative of her husband Silochna
(mother-in-law) ,Raju (father-in-law),Suman (sister-in-law),Sunita
(sister-in-law) ,Rahul (bother in law )

Analysis of judgement or proceedings of trials.

Final Judgement is not yet passed,
Statement of accuse has been recorded
That all the allegations leveled by the complainant in her complaint
to the police involving the petitioners, are wrong, incorrect and false.
The petitioners have been involved in this case only to harass,
humiliate and to put pressure upon them and his family members.
That the marriage between the parties was solemnized in a very
simple manner without taking or giving any dowry in the marriage as
they belong poor families. Only the customary gifts were exchanged
between the parties. After filing of the complaint many panchayats
have been convened between the parties and as per the settlement
between the parties with the consent of the panchayat as well as
respectable persons, the father and mother of the complainant took
all the customary gifts given to the petitioners and others family
members in their absence. Shri Prem Kumar Doda MC and one
Mediator Rajender V Sardana were present at the time when they
took away mthe dowry articles. The video of the same is available
with the petitioners. However, it is the complainant who also taken
away the gold and silver ornaments etc. which are still in her custody
and are to be recovered.

Critical evaluation of problem

Dowry (or dahej) is the demand for property, goods, cash to the
bride’s family as a deal for the successful commencement of their
marriage. Dowry basically was gifts given by the bride’s family to the
groom at the time of marriage or before marriage. After passing
from generation to generation, it now has converted into evil
practice in society. Earlier where dowry was moreover like a gift but
today it is more of a compulsion to the bride’s family.
Dowry Harassment means torturing a bride for dowry either
physically or emotionally. This harassment generally happens after
the marriage where the bride is asked for more dowry.
However, asking dowry and giving it has been a crime in the eyes of
law. But still, these traditions have not been fully eradicated from
our society. Sometimes this harassment goes to a severe level and
forces the bride or their family to death.
However, there is always another side to the coin. On one hand
where the laws are strict for dowry-related matters in India. Some
women use it as a weapon instead of a defense against their
husbands. We are going to come to that also later on the page. But
for now, let’s have a look at punishment in the Indian Constitution
for dowry harassment.
If the allegation imposed by kanta petitioner then accuse Vishnu
(husband) and his family Silochna (mother-in-law),Raju (father-in-
law),Suman (sister-in-law),Sunita (sister-in-law),Rahul (bother in law )
should be Punishment for Dowry Harassment under

Punishment for dowry harassment under the Dowry Prohibition Act,

1961
1. Section 3: The person who takes or gives dowry will be entitled
to imprisonment for at least 5 years with or without a fine.
2. Section 4: The person who even demands the dowry will be
entitled to imprisonment from 6 months to 5 years with or
without a fine.
3. Section 8 of the dowry act makes this a cognizable and non-
bailable offence.
And for other offence which are done such as
1. causing injuries which is punished under Section 323 of IPC
voluntarily causing hurt.
2. cruelty and harassment which is punished under
3. breach of trust which is punished under Section 406 IPC
Punishment for criminal breach of trust
 4. Section 34 of IPC Acts done by several person in furtherance of
common intention

If the allegation imposed by kanta petitioner against accuse Vishnu

(husband) and his family Silochna (mother-in-law),Raju (father-in-
law),Suman (sister-in-law),Sunita (sister-in-law),Rahul (bother in law )
are wrong then petitioner should be Punishment for false Dowry
Harassment case.

There are many laws in India to empower a victim of dowry

harassment cases. But sometimes these laws are used in their
opposite means. Like there are cases when the wife files a false
dowry harassment case on their in-laws to torture them.
To protect yourself from any such instances, you must be aware of
the different remedies available at the time of a false dowry
harassment case on you or your family.
The person who is charged with a dowry harassment case is left with
two options. Either he can defend the against by hiring an
advocate or file a counter case against the charges by her wife.
Additionally, there are some actions that a husband can perform in
cases like false dowry.
1. The husband should collect as much evidence as possible in his
claim. These can be messages, call conversations, audio or
video recording, or any other form of evidence.
2. He must seek anticipatory bail in these cases.
3. He can file a counter case against her wife for false allegations.