Dowry Death Cruelty by Husband

Dowry Death

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.

The main ingredients of the offence are:-

the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances.

such death should have occurred within seven years of marriage.

she must have been subjected to cruelty or harassment by her husband or any relative of her husband

which is required to be established is that “soon before her death” she was subjected to cruelty and harassment “in connection with the demand of dowry”.

Such cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry

This section is attracted whether death is homicidal or suicidal.

 In dowry death cases and in most of such offences direct evidence is hardly available and such cases are usually proved by circumstantial evidence. This section as well as section 113B of the Evidence Act enact a rule of presumption, i.e., if death occurs within seven years of marriage in suspicious circumstances. This may be caused by burns or any other bodily injury. Thus, it is obligatory on the part of the prosecution to show that death occurred within seven years of marriage.

Cruelty by Husband or relative of Husband (Section 498A)

Section 498A provides for punishment for a husband of a woman or any relative of the husband subjecting her to cruelty.

cruelty means:-

a willful conduct of such a nature as to drive a woman to such a desperate situation as to commit suicide or...