October 13, 2024

WHY IN NEWS ?

  • The Supreme Court in its recent judgement has widened the scope of Section 304-B of the Indian Penal Code (IPC). This section punishes persons accused of dowry deaths.

About Section 304-B:

  • Section 304-B was inserted into the Indian Penal Code(IPC) in November 1986.
  • According to this section, to make out a case of dowry death:
    • A woman should have died of burns or other bodily injuries or “otherwise than under normal circumstances” within seven years of her marriage.
    • A woman should have suffered cruelty or harassment from her husband or in-laws “soon before her death” in connection with the demand for dowry.
  • Punishment: The section punishes convicts with a minimum of seven years imprisonment extendable up to a life term.

Supreme Court Guidelines on Section 304-B:

  • Avoid Absurd Interpretation:
    • Over the years, the courts had interpreted the phrase ‘soon before’ in Section 304-B as ‘immediately before‘. This interpretation makes it necessary for a woman to have been harassed moments before she died.
    • On the other hand, the Supreme Court recently said that theprosecution needs to show only a “proximate and live link” between the harassment and her death to make out a case of dowry death.
  • Need broader Reading of the Provision:
    • The lower courts should not take a limited approach in categorising death as homicidal or suicidal or accidental. The phrase “otherwise than under normal circumstances” in Section 304-B calls for a liberal interpretation of the provision, not the stricter one.
    • Hence, Section 304-B not implies the narrow categorisation of deathas homicidal or suicidal or accidental. Instead, it also includes non-categorised deaths ‘other than under normal circumstances.
  • Proper examination of Accused:
    • The Supreme Court also raised concern about the casual way in which trial courts examine accused persons in dowry death cases under Section 313 of the Code of Criminal Procedure.
    • The court said that the examinationof the accused about the incriminatory material against him should be done fairly.
    • The court must put incriminating circumstances before the accused and seek his response. The accused should also be given sufficient opportunity to give his side of the story.
Print Friendly, PDF & Email

© 2024 Civilstap Himachal Design & Development