Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

A dowry is transfer of parental property, gifts or money at the marriage of a daughter. 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’s parent’s dowry is the wealth transferred from the bride’s family to the room or his family, ostensibly for the bride. Similarly, dower is the property settled on the bride herself, by the groom at the times of marriage and which remains under her ownership and control. Dowry prohibition Act, 1961 was enacted to prohibit in giving or taking of dowry and related offences.

Dowry death, in 1986 a new offence know as dowry death was inserted in the IPC by the virtue of section 304-B. The provision under sec 304-B are more stringent than provided U/s 498-A of IPC

Section 304 B:

The essentials of Section 304B are as follows: 

• (1) The death of a woman must be caused within by burns or bodily injury or otherwise than  under normal circumstances 
• (2) The death must occur within 7 years of marriage  
• (3) Woman must have been subjected to cruelty or harassment by her husband or his relatives. 
• (4) Cruelty or harassment should be in connection with the demand of dowry and soon before death. 
• (5) Such cruelty or harassment is shown to have been meted out to the woman soon before  her death 

Section 304B imposes a statutory obligation on a court to presume that the accused has  committed the dowry death when the prosecution proves that:

• (i) The death of his wife has  occurred otherwise than under normal circumstances within seven years of her marriage; and
• (ii) soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry.

If any accused wants to escape from the catch, the burden is on him, to disprove it. If he fails to rebut the presumption the court is bound to act upon it.  

Dowry’s death is a non-bailable and cognizable offense. 

The Supreme Court in Kunhiabdulla vs the State of Kerala Appeal; (cril) 419 of 1997 observed that the words ‘soon before’ used in Section 304B have to be used relatively depending upon the facts and circumstances of the case and no straightjacket formula can be laid down for deciding as to what constitutes soon before the period in the context of occurrence of dowry death.  

In Shanti v State of Haryana,Criminal Appeal No. – 368 of 1990 the death of a woman took place within seven years of marriage, the in-laws of the deceased did not inform the deceased’s parents about the death and hurriedly cremated the deceased. The prosecution succeeded in establishing cruel treatment towards the victim. The death could not be said to be a natural death and the presumption under  S.113B of the Evidence Act was attracted. 

Dowry

• The term dowry has not been defined in IPC but in Dowry Prohibition Act, 1961. According to the act, it has been defined as any property or valuable security given or agreed to be given directly or indirectly:
  • By one party to a marriage to the other party to a marriage or
  • By the parents of either party to a marriage or by any other person to either party to the marriage or any other person at or before or any time after (on three occasions) the marriage in connection with the marriage of the said parties.
• However, customary payments as are prevalent in different societies, such as at the time of birth of child etc, are not covered within dowry.
• Giving & taking dowry both are offences.
• In addition to the Dowry Prohibition Act, 1961, the laws have been made more stringent namely,

Presumption as to Dowry Death

Section 113B of the Indian Evidence Act, 1872 states about the Presumption as to Dowry Death. If a woman dies in relation with any demand for dowry and it was shown that soon before her death she was subjected to harassment or cruelty by any person. Then the court will assume such a person responsible for her death

Is Dowry death a bailable and a cognizable offence?

Bailable Offences- Offences in which the permission from the court to release the arrested person is not required. The arrested person by fulfilling the necessary requirements can be released and the police cannot refuse the person.

Cognizable Offences- Offence in which the police have the authority to arrest any person without any warrant and also has the authority to start an investigation with or without any permission of the magistrate by filing FIR.

Dowry death is a non-bailable and cognizable offence. 

As per Section 41 of the Code of Criminal Procedure , 1973  the police officer while arresting any person without a warrant, be satisfied with the complaint registered against a person and fulfill all the provision of Section 41 of CrPC.

Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]

Conclusion:

 In  1986 a new offence known as dowry death was inserted in the Indian Penal Code by the Virtue of Section 304-B. The provisions Under Section 304B of Indian Penal Code are more stringent than provided under Section 498A of Indian Penal code. The offence under Section 304-B is cognizable, non-bailable, non-compoundable and triable by Court of Session.