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Dowry death - Shall be deemed to have caused her death

IPC S. 306 - Dowry death - For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed

Home Evidence Act

Dowry death – Presumption of – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased

by PLRonline
in Evidence Act, IPC
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Indian Penal Code, 1860 (45 of 1860),  Section 304-B – evidence Act, 1872 (1 of 1872), Section 113-B –  Dowry death – presumption of –  Section 304-B, IPC stand satisfied, the presumption under 113-B, Evidence Act operates  – Deceased and accused were married on 01.07.1994, and the death of the lady occurred on 31.07.1995 – Doctor found the smell of kerosene oil on the body of the deceased who had suffered 85% burn injuries –  As the death was relatable to burn injuries within seven years of marriage, it clearly satisfies the first two ingredients of the offence – Dowry demand proved – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased – it is clear that the prosecution was able to successfully prove that the death of the deceased due to burn injuries took place within approximately one year of her marriage – It has further been proved that soon before her death she was subjected to harassment and cruelty pursuant to demands of dowry –  Since the ingredients of Section 304-B, IPC stand satisfied, the presumption under 113-B, Evidence Act operates against the appellants, who are deemed to have caused the offence specified under Section 304-B of IPC.

Satbir Singh v. State of Haryana – 2021 SCeJ 900

Tags: Dowry deathEvidence Act S. 113-BIPC 304-B

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