What is Dowry death? What is the punishment for Dowry Death? Section 304B of Indian Penal Code 1860

 

Dowry death and Punishment for Dowry Death under Indian Penal Code is defined under Section 304B of Indian Penal Code 1860. Provisions under section 304B are:

Section 304B of Indian Penal Code. "Dowry Death"

(1) 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.

Explanation- For the purpose of this sub-section, "dowry" shall have the same meaning. as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) 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.]

Essential ingredients

(i) Death must be caused by burns or bodily injury or it must occur otherwise than in normal circumstances;

(ii) Death must occur within sever years of marriage; and

(iii) It must be shown that soon before her death the women was subjected to cruelty or harassment by her husband or any relative of her husband.

(iv) Here the dowry shall have the meaning as assigned to it under Section 2 of the Dowry Prohibition Act, 1961

Another important feature of this section, which can be said to be a departure from the normal feature of the Code is that a minimum of not less than 7 years imprisonment is prescribed but this may extend to imprisonment for life.

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