dowry death case law

By December 25, 2020Uncategorized

Forensic expert, as a rule, must try his level best to find out the The High Court had taken up the case on appeal after the sessions court … Dowry death is different from the offence of murder. Therefore, dowry death is recognized to be one of the crimes committed against women. ‘Dowry death’ is the result of a unique form of violence suffered by Indian women. Forensic experts and dowry death Fo rensic experts come into picture only when dowry death cases are sent to them for post-mortem examination for obtaining necessary opinions. An ordinary murder is committed in a fit of rage or for property, but a dowry death is not just an ordinary crime, it is a social crime. The death of a bride may fall under both the categories of offences, namely, murder and dowry death, in which case, a death sentence may be awarded for committing the offence of murder in appropriate cases depending upon the facts and circumstances of each case. Case reports are presented. Nowadays the offence of dowry death is full of controversy. The Bench of Justices UU Lalit, Vineet Saran and S Ravindra Bhat allowed the appeal against the Chhattisgarh High Court order of upholding the man's conviction and said that the prosecution fell short of making good its case under Sections 304-B (dowry death) and 498-A IPC (anti-dowry law) and the appellant is entitled to benefit of doubt. It has rejected any scope for providing a death sentence for the offence of dowry death under Section 304-B , there is no substantive reason to do so. 202 nd Law Commission Report has complained about rising false cases and section 304 and 498-A the tool of harassment. It outrages the modern conscience and makes the whole of society revert to feudal barbarism. Dowry death case: HC acquits two sisters-in-law, says victim in dying declaration used singular term, not plural The victim had two sisters-in-law, who were earlier found innocent by the DSP but subsequently charged and pronounced guilty after trial. The Dowry Prohibition Act, 1961 applies to people from all religions, it does not include the 'meher', in cases where the Muslim personal law is applicable. The Allahabad High Court had earlier granted anticipatory bail to the parents-in-law, brother-in-law and sister-in-law of the deceased woman, who were accused in the dowry death case. In order to prohibit the repeated occurrences of this crime, the Dowry Prohibition Act, 1961 and Section 304B, Section 498A under Indian Penal Code, 1860 were introduced.Following is the synopsis of the provisions for dowry death under IPC: In doctor’s view, dowry death cases are like any other unnatural female death cases yet. The Dowry Prohibition (Amendment) Act, 1986 under section 10 amended the Indian Penal Code and inserted the provision of dowry death under section 304B. Hence, Court recommended to Parliament to amend the law and provide for death sentence in dowry death cases. State of Punjab, AIR 2013 SC 1039, Hon’ble Apex Court held that in a case of trial for dowry death the essential ingredients to attract the provisions of section 304-B I.P.C. In 1986 a new offence known as dowry death was inserted in the Indian Penal ode by the Virtue of Section 304-B. Therefore, to that effect, the Act further inserted certain entries in the First Schedule of the Code of Criminal Procedure, 1973 and section 113B was introduced in the Indian Evidence Act, 1872. The existing legal provisions relating to dowry and dowry deaths are summarized, and the role of the Indian Penal Code is discussed. 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