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.
Explanations
- For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
IPC Section 304B: Simplified Explanation
IPC Section 304B addresses the offence of dowry death, a significant issue in Indian society. This section was specifically introduced to combat the menace of dowry-related deaths of brides. A dowry death occurs when a woman is subjected to cruelty or harassment by her husband or his relatives in connection with demands for dowry, and this results in her death within seven years of marriage.
Key aspects of this section include:
- Cruelty or Harassment: The woman must have been subjected to cruelty or harassment by her husband or his family members.
- Dowry Demand: The cruelty or harassment must be about a demand for dowry.
- Death Timing: The death should occur within seven years of marriage and be under circumstances that raise reasonable suspicion.
The law presumes that the husband or the relatives are responsible if the woman dies under such suspicious circumstances within the specified period.
Is IPC Section 304B Bailable?
IPC Section 304B is a non-bailable offence. Due to the serious nature of the crime and its social implications, individuals accused under this section must appear before a court to seek bail.
IPC Section 304B Punishment
The Punishment for dowry death under IPC Section 304B is severe. It involves imprisonment for a minimum of seven years, which can extend to imprisonment for life. This stringent Punishment reflects the seriousness with which the law views this offence, aiming to deter such practices and provide justice to the victims.
Example of IPC Section 304B
A real-life example of IPC Section 304B in action is the case from 2010 in Uttar Pradesh, India, where a young woman was harassed and eventually killed due to persistent dowry demands. The woman was married for three years, and during that time, she faced continuous demands for additional dowry and physical abuse. Her death under suspicious circumstances led to her husband and in-laws being charged and convicted under IPC Section 304B. The case highlighted the tragic consequences of dowry demands and the legal framework in place to combat such crimes.
