A synopsis submitted for partial fulfillment
for award of the degree of
L.L.B
By
SUVAM SANTRA
ARITRA CHAKRABORTY
BAISHALI CHAKRABORTY
SHRISTI BISWAS
DIP KUMAR DEY
NOVEMBER,2022
JIS UNIVERSITY
81, Nilgunj Road, Agarpara
Kolkata – 700109
West Bengal
ACKNOWLEDGEMENT:-
We would like to express our special
thanks of gratitude to my teachers who
gave us the golden opportunity to do
this wonderful project on the topic
(DOWRY DEATH), which also helped us
in doing a lot of Research and we came
to know about so many new things we
are really thankful to them.
DEFINATION OF DOWRY
A dowry is a payment, such as property or
money, paid by the bride's family to the groom
or his family at the time of marriage. Dowry
contrasts with the related concepts of bride
price and dower. While bride price or bride
service is a payment by the groom, or his
family, to the bride, or her family, dowry is the
wealth transferred from the bride, or her
family, to the groom, or his family.
Similarly, dower is the property settled on the
bride herself, by the groom at the time of
marriage, and which remains under her
ownership and control.
RELATION WITH HISTORY
Dowry is an ancient custom that is already
mentioned in some of the earliest writings, and
its existence may well predate records of it.
Dowries continue to be expected and
demanded as a condition to accept
a marriage proposal in some parts of the world,
mainly in parts of Asia, The custom of dowry is
most common in cultures that are
strongly patrilineal and that expect women to
reside with or near their husband's family
(patrilocality).Dowries have long histories in
Europe, South Asia, Africa, and other parts of
the world.
DOWRY RELATED OFFENCES UNDER IPC
There could apparently be four
situations when a married woman is
often subjected to cruelty and
harassment leading to the commission
of offences like those of:
1) Cruelty of woman by husband or
relatives. Sec 498A, IPC
2) Dowry Death 304B, IPC-
3) Intentional Death of woman- 302,
IPC
4) Abatement of suicide : Section 306
IPC
SECTION 304B OF I.P.C
1.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.
Explanation.—For the purpose of this sub-section, “dowry”
shall have the same meaning as in section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961).
2. Whoever commits dowry death shall be punished with
imprison- ment for a term which shall not be less than seven
years but which may extend to imprisonment for life.]
ESSENTIAL INGREDIENTS OF 304B I.P.C
SOME OF THE DECIDED DOWRY
DEATH UNDER SECTION 304B OF I.P.C
Venugopal V State of Karnataka (1999)
2 SCC 216
The appellant husband was held liable for dowry
death under section 304b, ipc for creating a situation
whereby the wife commited suicide within two years
of marriage.
Constant demand of dowry leading to ill treatment,
harassment and torture of the wife at the hands of the
husband soon before her death, led her to take the
extreme death of ending life.
PUNISHMENT UNDER SEC 304B OF IPC
The offence of dowry death punishable under Section
304B of the Indian Penal Code is a new offence
inserted in the Indian Penal Code with effect from
November 19, 1986 when Act 43 of 1986 came into
force.
The offence under Section 304B is punishable with a
minimum sentence of seven years which may extend
to life imprisonment and is triable by a Court of
Sessions.
The corresponding amendments made in the Code of
Criminal Procedure and the Indian Evidence Act
relate to the trial and proof of offence.
Section 304B is a substantive provision creating a
new offence.
CONCLUSIONS
The act declares not only the practice of
accepting dowry unlawful, but also
penalizes giving of the same. It includes
property, valuable security like cash and
jewellery exchanging hand during the
marriage. Making demands of dowry is
punishable by a minimum imprisonment of
5 years and a minimum fine of 15,000
rupees.
References:
https://en.wikipedia.org/wiki/
CRIMINAL MANUAL
