Definition and Legal Basis
Presumption as to dowry death arises under Section 304B of the Indian Penal Code (IPC). A dowry death occurs when a married woman dies under unnatural circumstances within seven years of marriage, and it is shown that she was subjected to harassment or cruelty by her husband or his relatives in connection with demand for dowry. Section 304B(2) of IPC creates a legal presumption that such death is caused by the husband or relatives, once certain foundational facts are proved. This presumption shifts a limited evidentiary burden onto the accused, who must provide a plausible explanation to rebut it.
Conditions for Applying Presumption
For the presumption to arise, the following conditions must be satisfied:
- The deceased woman must have been married for seven years or less.
- Death must have occurred under suspicious or unnatural circumstances.
- Evidence must show she was subjected to cruelty or harassment for dowry.
- The accused is a husband or relative of the husband.
Once these conditions are proved, the court presumes culpability of the accused, shifting the burden of proof to them under Section 113B of the Indian Evidence Act, 1872, to disprove the presumption.
Evidentiary Effect and Judicial Approach
The presumption under Section 304B is rebuttable, meaning the accused can present evidence to show that the death was not connected to dowry harassment. Courts examine the circumstances surrounding the death, medical reports, police investigations, and statements of witnesses. Judicial precedents emphasize that while the presumption facilitates prosecution, the accused retains the right to fair trial, and the court evaluates whether the rebuttal is sufficient to displace the statutory presumption. This legal mechanism balances protection of women with procedural fairness to the accused.
Real-Time Example
A woman dies by burning in her marital home within two years of marriage. Investigations reveal prior complaints of harassment for dowry. Based on Section 304B IPC, the court presumes that the husband or his relatives caused her death. The husband tries to explain the death as accidental, but the court examines prior police reports and witness testimony. Because the foundational facts of harassment and unnatural death are established, the presumption applies, and the burden shifts to the accused to disprove involvement, ultimately leading to conviction.
Mnemonic to Remember
Mnemonic: “D-O-W-R-Y”
- D – Death within 7 years of marriage.
- O – Oppression or harassment related to dowry.
- W – Wife’s death suspicious or unnatural.
- R – Relatives/Husband liable under presumption.
- Y – Yes, burden shifts: Accused must rebut under Section 113B Evidence Act.
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