User asked:
DOWRY DEATH

what are the circumstances under which a husband or any relative of the husband/ accused can be convicted under section 304B IPC relating to dowry death



Answers


Vijay Kaushal answered

Section 304B relates to dowry death. According to this section (1) where the death of a woman is caused by any burns or bodily injuries or occurs otherwise than under normal circumstances within 7 years of 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. The punishment prescribed for dowry death is imprisonment for a term which shall not be less than 7 years, but may extend to imprisonment for life. The prosecution must prove that (i) the death of woman has been caused by burns or bodily injury or occurred otherwise than under normal circumstances ii) that such death have occurred within a period of 7 years of her marriage; iii) that the woman have been subjected to cruelty or harassment at the hands of her husband, soon before her death (iv) and such cruelty or harassment related to demand for dowry. Section 113 B of Indian Evidence Act relates to presumption as to dowry death. When the question is whether a person has committed the dowry death of woman and it is shown that soon before her death such a woman has been subjected by such person to cruelty or harassment for or in connection with, any demand for dowry, the court will presume that such person had committed the dowry death.

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