Meaning and Core Ingredients
Section 304-B of the Indian Penal Code deals with the offence of dowry death, introduced to curb increasing deaths of married women due to dowry harassment. Under this provision, a woman’s death is considered dowry death if it occurs by burns, bodily injury, or under abnormal circumstances within seven years of marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry. The section is read along with Section 2 of the Dowry Prohibition Act, 1961, which defines dowry. The purpose is to impose strict punishment on offenders and protect women from domestic cruelty linked to dowry pressure.
Legal Presumption and Burden of Proof
Section 304-B is supported by Section 113-B of the Indian Evidence Act, which mandates a presumption of dowry death when the prosecution proves cruelty “soon before her death” in relation to dowry demand. This shifts the burden of explanation onto the accused. Parliament intentionally designed the provision to combat the difficulty of obtaining direct evidence in domestic crimes that occur inside the home. The punishment under Section 304-B is minimum seven years imprisonment, which may extend to life imprisonment. Courts interpret “soon before” flexibly, focusing on the continuity and proximity of harassment leading to death.
Judicial Approach and Importance
Courts emphasize that dowry death cases require examining the entire conduct of the husband and his relatives, including patterns of harassment, demands for money, and the psychological environment within the marital home. Section 304-B works in harmony with Section 498-A IPC, which penalizes cruelty by the husband or his relatives, creating a strong legal shield against dowry-related violence. The provision is significant because it recognizes the vulnerability of married women and ensures that unexplained or suspicious deaths are thoroughly investigated to prevent injustice and deter dowry practices.
Real-Time Example
A woman named R dies by burns within four years of her marriage. Her parents report that her husband and in-laws repeatedly demanded ₹3 lakh as additional dowry and harassed her mentally and physically. Neighbours also confirm that she was often beaten for not fulfilling the demand. Since the death occurred under abnormal circumstances, within seven years of marriage, and cruelty related to dowry was proven to have occurred “soon before her death,” the court presumes dowry death under Section 304-B IPC, and the accused are punished accordingly.
Mnemonic to Remember
Mnemonic: “7 C A D – 7 Years, Cruelty, Abnormal death, Dowry link.”
- 7 – Death within seven years of marriage
- C – Cruelty or harassment
- A – Abnormal circumstances (burns/injury)
- D – Dowry demand connection
This helps recall the essential requirements of Section 304-B IPC.
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