Official Text
“Where the death of a woman is caused by 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 by such person to cruelty or harassment for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such person shall be deemed to have caused her death.”
Legal Analysis
Elements to Prove:
- The death of a woman occurred within seven years of her marriage.
- The death was caused by burns or bodily injury or occurred under abnormal circumstances.
- Soon before her death, she was subjected to cruelty or harassment.
- The cruelty or harassment was for or in connection with dowry demand.
Potential Defenses:
- Death occurred after 7 years of marriage
- No dowry demand was made
- Death was due to natural causes
- No cruelty or harassment was proven
- Death was accidental and unrelated to dowry
Practical Examples
What Constitutes the Offense:
Death due to burns or injuries within 7 years of marriage, death following dowry demands, death after harassment for dowry, suicide due to dowry pressure.
What Doesn't Constitute:
Death due to natural causes, death due to accidents unrelated to dowry, death after 7 years of marriage, death not connected to dowry demands.
Important Case Laws
Kans Raj v. State of Punjab (2000)
The Supreme Court held that the presumption under Section 113B of the Evidence Act applies only when the prosecution proves that the deceased was subjected to cruelty or harassment for dowry demand soon before her death.
Sher Singh v. State of Haryana (2015)
The court emphasized that the phrase "soon before her death" means that the cruelty or harassment should be proximate to the death, not necessarily immediately before.
Punishment
Imprisonment of not less than seven years but which may extend to imprisonment for life
Related Information
Connected Sections:
Section 498A (Cruelty by Husband), Section 113B of Evidence Act (Presumption as to dowry death), Section 304 (Culpable homicide not amounting to murder).
Procedural Aspects:
The case is triable by a Court of Session. Presumption under Section 113B of Evidence Act applies. The prosecution must prove dowry demand and cruelty.