The Supreme Court in an important ruling on the scope of anti-dowry law and related provisions in the IPC, has held that unless a clear demand for dowry was proved, no person could be convicted for the dowry death.
While making a distinction between the normal suicide deaths of women arising out of any other reason and the dowry deaths, a bench of Justices Altamas Kabir and H.L. Dattu said “demand of dowry” was the basic element in all such cases. As per the parameters laid down for dowry deaths, the proof of dowry demand within the seven-year gestation period of the marriage was the key element, the apex court pointed out.
Apart form Dowry Prohibition Act, 1961 two provisions of IPC — section 304-B, which deals with dowry deaths and section 498-A on cruelty — were very vital for initiating the prosecution against the husband of a woman and his family members, if there were clear proof of dowry demand, the court explained. “In order to hold an accused guilty of an offence under section 304-B, it has to be shown that apart form the fact that the woman died on account of bodily injury, otherwise than normal circumstances, within 7 years of her marriage, it has to be shown that soon before her death, she was subjected to cruelty (under section 498-A) or harassment by her husband or any relative of her husband, or in connection with, any demand for dowry.”
“Only then would such death be called ‘dowry death’ and such husband or relative shall be deemed to have caused the death of the woman concerned,” the apex court said.
The legal issue rose in an appeal by one Durga Prasad from Madhya Pradesh given seven years sentence in his wife’s suicidal death, which both trial court and MP HC concluded as “dowry death”.
But the apex court after thorough examination of the evidence, found that there had been no demand of dowry as Prasad’s marriage with Kirpa Bai was arranged as “community” marriage by the people.