Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
1 month, 3 weeks ago

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court

Live Law  

The Supreme Court, while overturning the appellant/ accused's conviction under Section 304-B of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. “Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or in connection with any demand of dowry soon before her death. The statement was recorded more than two and half months after the incident; and therefore, what is stated therein is an afterthought.” Adverting to the deceased brother's statement, recorded by the police, the Court pointed out that there was no mention of maltreatment caused to his sister due to insufficient dowry. Thus, apart from observing that the prosecution failed to prove the requirements under Section 304-B, the Court also opined that not a single incident of cruelty was proved.

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History of this topic

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
5 days, 22 hours ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

SC slams ‘casual’ bail in cases of dowry deaths
2 weeks, 4 days ago

SC slams ‘casual’ bail in cases of dowry deaths

Hindustan Times  

The Supreme Court has expressed grave concern over the persistence of dowry deaths in India, cautioning that a lax approach in granting bail in such cases could erode public faith in the judiciary’s commitment to tackling the menace. Calling dowry deaths a “grave social concern”, the court underscored the need for heightened vigilance while dealing with bail pleas in such …

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence
1 month ago

Supreme Court Quashes Culpable Homicide Charge Against Doctor For Patient's Death After Nurse's Injection Over Phone Instruction, Directs Trial For Negligence

Live Law  

The Supreme Court recently quashed the charge of culpable homicide against a doctor who gave telephonic instruction to a nurse to administer an injection, which led to a patient's death due to an adverse reaction. The maximum punishment prescribed for the culpable homicide not amounting to murder under Section 304 Part I IPC is up to ten years imprisonment, a …

Life Sentence and Conviction of Farmer Set Aside
1 month, 2 weeks ago

Life Sentence and Conviction of Farmer Set Aside

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court set aside the conviction and life sentence of a farmer in a case involving dowry harassment and alleged murder of his wife. The panel, comprising Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao, held that the trial was vitiated due to the appellant’s lack of effective legal representation, violating his …

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws
1 month, 3 weeks ago

Unfortunate That Age-Old Menace Of Dowry Death Still Exists In Society: Karnataka HC Declines To Quash Case Against Husband, In-Laws

Live Law  

The Karnataka High Court has held that merely because the deceased had scribed that no one is responsible in the death note, a court, while relying on the same, cannot quash the proceedings initiated against husband and in-laws for charges of cruelty and dowry death. The bench said “It is rather unfortunate that the age-old menace of dowry death still …

Disapproving marriage not abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage not abetment of suicide: Supreme Court

Hindustan Times  

The Supreme Court has said that disapproving marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code, PTI reported. A top court bench of Justices BV Nagarathna and Satish Chandra Sharma observed while rejecting a chargesheet against a woman who was accused of abetting the suicide of another woman who was allegedly in love …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court
2 months, 1 week ago

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court

Live Law  

The Supreme Court, while acquitting an accused of cruelty and abetment of suicide, observed that to apply Section 113B of the Indian Evidence Act, clear evidence for incessant harassment is essential. When the Courts below want to apply Section 113B of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards incessant …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case
3 months, 2 weeks ago

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Live Law  

" This Court also observes that in the instant case, the crime in question took place within the four-walls of the victim's matrimonial house and therefore, in such a circumstance the burden is upon the in-laws who were present in the house to explain the facts and the circumstances under which the incident in question has taken place, by virtue …

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
3 months, 3 weeks ago

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

Live Law  

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. “Even assuming, though …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 months, 3 weeks ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court
8 months, 3 weeks ago

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life. In dismissing a criminal appeal challenging the acquittal of a man accused …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
1 year, 2 months ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law
1 year, 5 months ago

Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law

Live Law  

The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction. It observed “The most glaring aspect that is required to be considered is that the High Court itself has disbelieved …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 6 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court
2 years, 7 months ago

Section 304B IPC -Message Should Go That Dowry Death Shall Be Dealt With An Iron Hand: Supreme Court

Live Law  

Observing that "the legislative intent of incorporating IPC section 304­B was to curb the menace of dowry death with a firm hand" and that "in dealing with cases under section 304­B, such legislative intent has to be kept in mind", the Supreme Court has asserted that in the imposition of sentence for the offence of dowry death, "a strong message …

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court
2 years, 7 months ago

Dowry Death | S.113B Of Evidence Act Casts A Reverse Burden On Accused To Disprove Prosecution Case: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts
2 years, 8 months ago

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
2 years, 10 months ago

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Live Law  

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter …

Section 304B IPC- Demand Of Money For Construction Of A House Is A 'Dowry Demand': Supreme Court
3 years, 2 months ago

Section 304B IPC- Demand Of Money For Construction Of A House Is A 'Dowry Demand': Supreme Court

Live Law  

The Supreme Court observed that demand of money for construction of a house is a 'dowry demand' to attract offence under Section 304B of the Indian Penal Code.The word "Dowry" ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature, …

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage
3 years, 6 months ago

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage

Live Law  

The Supreme Court quashed criminal proceedings against a girl accused of abetting suicide of a man by allegedly refusing to marry him.The bench of Justices R. Subhash Reddy and Hrishikesh Roy reiterated that Section 306 of the Indian Penal Code will not be attracted if there was no positive act on the part of the accused to instigate or aid …

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court
3 years, 8 months ago

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court

Live Law  

The Supreme Court observed that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code while confirming the charge under Section 304B IPC.In this case, within a period of about 15 months of marriage, a married woman committed suicide, leaving behind two suicide notes. The Supreme Court observed that an accused cannot be discharged …

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC
3 years, 11 months ago

Dowry Death- Society Has Got The Wrong Message That In-Laws Can Easily Escape Liability If They Live Separately From Victim: Madras HC

Live Law  

While refusing to suspend the sentence awarded to a couple convicted for the offence under Section 498-A of IPC, the Madras High Court recently observed that the first and foremost responsibility of the parents is to groom their children as responsible citizens. The Court further added, "Taking advantage of that, a wrong message has gone to the Society that the …

Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court
4 years, 3 months ago

Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court

Live Law  

The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural.The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon …

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case
4 years, 3 months ago

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case

Live Law  

The Supreme Court has acquitted a man who was convicted by the Trial Court and the High Court in a dowry death case.In this case, the accused's wife had died by setting herself afire by pouring kerosene oil upon herself. Both the trial court and the Chhattisgarh High Court took into account this dying declaration and depositions of some witnesses …

[Section 304B IPC] Failure To Lodge FIR Complaining Dowry & Harassment Before Death Of Victim Inconsequential: SC [Read Judgment]
4 years, 7 months ago

[Section 304B IPC] Failure To Lodge FIR Complaining Dowry & Harassment Before Death Of Victim Inconsequential: SC [Read Judgment]

Live Law  

The failure to lodge an FIR complaining of dowry and harassment before the death of the victim is inconsequential, observed the Supreme Court while setting aside the Allahabad High Court order that granted bail to a man who was convicted in a dowry death case. In appeal before the High Court, he contended that the No FIR in relation to …

No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]
5 years, 2 months ago

No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]

Live Law  

The Madhya Pradesh High Court on Tuesday set aside the conviction of the Appellant-accused, 23 years after the Additional Sessions Judge had found him guilty of abetting the suicide of his wife, punishable under Section 306 IPC. Thus the court observed that even though for different reasons, the trial court had rightly acquitted the Appellant from the charge of cruelty, …

Word 'Soon Before Death' In Section 304B IPC, Cannot Be Interpreted As Immediately 'Prior To Death' [Read Order]
5 years, 3 months ago

Word 'Soon Before Death' In Section 304B IPC, Cannot Be Interpreted As Immediately 'Prior To Death' [Read Order]

Live Law  

Karnataka High Court has held that the 'word' used under Section 304B of IPC, though it is used soon before the death', cannot interpreted as prior to the death immediately, even it has to be taken into consideration depending upon the facts and circumstances of each case and the entire statement of the witnesses and charge sheet material has to …

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]
5 years, 3 months ago

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, merely because an accused is found guilty of an offence punishable under Section 498-A of the Indian Penal Code and the death of the wife has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by …

Hyderabad: Plea against dowry acquittal dismissed
5 years, 5 months ago

Hyderabad: Plea against dowry acquittal dismissed

Deccan Chronicle  

Hyderabad: The Telangana High Court made it clear that making general and vague statements without providing a single instance of being subjected to physical or mental cruelty for dowry could not be made a case under Sections 3, 4 and 6 of the Dowry Prohibition Act. The court upheld the trial court’s decision acquitting a man, in-laws and his sibling …

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]
5 years, 8 months ago

Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record:SC [Read Judgment]

Live Law  

The Supreme Court has observed that, when the Trial Court conviction under section 498A of the Indian Penal Code was not for demand for dowry, the High Court could not convict the accused under the same for demand of dowry without a detailed discussion of the evidence on record. It is clear from a plain reading of Section 498A that …

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC
6 years, 2 months ago

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC

Live Law  

The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. The bench comprising Justice L. Nageswara Rao and Justice MR Shah …

Supreme Court says no dowry complaint can be filed post-divorce
6 years, 6 months ago

Supreme Court says no dowry complaint can be filed post-divorce

Deccan Chronicle  

New Delhi: The Supreme Court has held that prosecution of husband and his family members under Section 498 A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act is not sustainable when the complaint is filed by the wife long after the divorce. Giving this ruling a bench of Justices S. A. Bobde and …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 6 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Court acquits four persons in dowry death case
6 years, 8 months ago

Court acquits four persons in dowry death case

The Hindu  

A court here has acquitted four persons in a dowry death case as the victim’s parents and brother turned hostile in the trial. Her father, the complainant in the case, alleged that immediately after the marriage, his daughter’s husband, her in-laws and sister-in-law started subjecting her to cruelty for dowry. While appearing as witnesses, they had not deposed anything whatsoever …

Dowry case: father-in-law’s trial ordered
6 years, 8 months ago

Dowry case: father-in-law’s trial ordered

The Hindu  

A Delhi court has ordered framing of dowry harassment and misappropriation of dowry articles charges and trial of the victim’s father-in-law. The counsel for Mr. Singh submitted that the complainant had levelled sweeping allegations against the revisionist and his son without disclosing the date on which the dowry articles were allegedly entrusted to them. Court’s observation However, Additional Sessions Judge …

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse
7 years, 7 months ago

Debate I Low Conviction Rate in Dowry Cases, No Proof of Misuse

The Quint  

But before we get into the numbers and figures, let us first understand what exactly Section 498A entails. Section 498A of the IPC basically deals with domestic violence and cruelty towards women by the husband or his family. – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished …

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC
7 years, 9 months ago

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC

Live Law  

The High Court of Delhi recently refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred right before the incident.“Section 304B IPC does not contemplate that the harassment should be within minutes or hours or few days of the time since death but a reasonable period …

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]
7 years, 11 months ago

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]

Live Law  

The Bombay High Court has rejected the pre-arrest bail application filed under Section 438 of CrPC by two advocates from Sholapur allegedly involved in a Dowry Death Case.Justice Mridula Bhatkar was hearing the application filed by two advocates after an FIR was registered against them for offences punishable under Sections 304B, 498A, 306, 498A, 306, 323, 504 and 506 r/w …

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]
8 years, 2 months ago

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]

Live Law  

It is necessary to establish the offence of Section 498A IPC to prove the charges under Section 304B IPC, the court said.Acquitting a husband in a three-decade-old dowry death case, the Delhi High Court in Ramesh Chander vs. State of Delhi, has observed that in order to prove the charges under Section 304B of Indian Penal Code, it is necessary …

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]
8 years, 2 months ago

Delhi HC Acquits Husband In 30-Yr-Old Dowry Death Case [Read Judgment]

Live Law  

It is necessary to establish the offence of Section 498A IPC to prove the charges under Section 304B IPC, the court said.Acquitting a husband in a three-decade-old dowry death case, the Delhi High Court in Ramesh Chander vs. State of Delhi, has observed that in order to prove the charges under Section 304B of Indian Penal Code, it is necessary …

Dowry death social crime but can't convict husband without proof: Delhi court
8 years, 3 months ago

Dowry death social crime but can't convict husband without proof: Delhi court

India TV News  

To hang one's wife to death is a heinous crime but a husband cannot be convicted without any reliable evidence, a Delhi court has said while acquitting a man and his family members, all residents of east Delhi, in a 2008 murder and dowry death case. "Undoubtedly, it is a social and heinous crime to have the wife hanged to …

Dowry death social crime but can't convict husband without proof, says Delhi court
8 years, 3 months ago

Dowry death social crime but can't convict husband without proof, says Delhi court

Firstpost  

It is a heinous crime to hang one’s wife to death but a husband cannot be convicted without any reliable evidence, a Delhi court has said while acquitting a man and his family members in a murder and dowry death case. New Delhi: It is a heinous crime to hang one’s wife to death but a husband cannot be convicted …

Presumption in dowry death to be backed by cruelty proof: Supreme Court
8 years, 4 months ago

Presumption in dowry death to be backed by cruelty proof: Supreme Court

Firstpost  

The presumption of culpability against an accused in a dowry death case under the Evidence Act would be “activated” only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry, the Supreme Court has ruled. New Delhi: The presumption of culpability against an accused in a dowry death case under the Evidence …

Dowry Death: Ingredients Shall Be Proved By Prosecution Beyond Reasonable Doubt To Invoke Presumption: SC [Read Judgment]
8 years, 4 months ago

Dowry Death: Ingredients Shall Be Proved By Prosecution Beyond Reasonable Doubt To Invoke Presumption: SC [Read Judgment]

Live Law  

The bench did not consider two per-incuriam judgments authored by Justice Vikramjit Sen, which held that prosecution can discharge the initial burden to prove the ingredients of S.304B even by preponderance of probabilities and the accused has to prove his defence beyond reasonable doubt.A two-judge bench of the Supreme Court has reiterated that one of the essential ingredients of dowry. …

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?
9 years, 11 months ago

Intolerable Cruelty: Fairness at the Cost of Dowry Deaths?

The Quint  

In light of the rising number of false dowry cases, the Modi government has decided to amend the anti-dowry law, to make it less stringent. The Law: Then and Now As it stands presently, if a woman files a complaint alleging dowry harassment under section 498 of the Indian Penal Code, it becomes a non-compoundable and non-bailable offence. – Maneka …

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