Syllabus Section: Governance (GS Paper II)

Importance: UPSC Prelims and UPSC Mains

Why in News?

Recently, Supreme Court held that dowry death can be presumed if the wife was harassed, mentally and physically close before her death in the marital home.

Section 304B, IPC: Dowry Death

• The provision mandates that the death of a married woman could be linked to the crime if she had been harassed for dowry “soon before her death”.
• The court said the expression “soon before her death” would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question.

Key Takeaways from the Recent Judgment

• The cruelty has to be proved during the close proximity of time of death. It should be continuous.
• Continuous harassment, physical or mental, by the accused should make life of the deceased miserable which may force her to commit suicide.
• Frequent incidents of cruelty disturb the mental equilibrium of the women concerned, said the court.
• The court said that the presumption of dowry death was also rebuttable.

Dowry Deaths in India:

• In 2020, reported dowry death cases in India amounted to nearly seven thousand.
• This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand.

Legal measures against dowry

• Code of Criminal Procedure, 1973: Dowry death is a non-bailable offence and the person cannot be acquitted without court’s order.
• Dowry Prohibition Act of 1961: It was passed by the government which prohibits the giving or taking of dowry in India.

Source: The Hindu