Você está na página 1de 6

The Karnataka police took the first major step in tackling the menace of

increasing dowry death cases in 1980 by issuing orders vide its law circular
No.4787
dated 16-9-80 that all cases where a woman dies within five years of her marriage
have to be investigated by an officer of or above the rank of Deputy or Assistant
Superintendent of Police with the post-mortem to The held by a team of two
doctors.
The circular also made it mandatory that the body of the deceased is to be
disposed
off only after blood relatives of the deceased see the dead body. Law circular No.
4846 dated 4-12-82 increased the operational time limit from marriage to death
from five to ten years. It is the Criminal Law (2nd amendment) Act-1983 that made
an inquest by an executive magistrate mandatory in the case of unnatural death of
a woman within seven years of her marriage.

unnatural

death

of
a
woman
within
ten
years of marriage should be investigated as a case of murder until otherwise
proved.

Medical evidence
investigation of dowry death cases has special links with the science of forensic
medicine because of the special nature of the investigation. Dowry deaths are
figuratively called bedroom deaths. In most cases no outsider including the
investigating officer can have any knowledge about the circumstances and events
that led to the death. Secondly, the offenders being the custodians of the dead
body
and the scene for many hours after the death till they volunteer to make its
occurrence known, have all the time in the world to eliminate or tamper with any
clues. In the circumstances, the investigating officer is completely at the mercy of
medical experts to interpret the cause of death.

marks of inflammation
antemortal or not.

Collection

in

deciding

of

whether

wound

is

evidence

Dowry death
collecting

investigation has
evidence

to

address
and

certain

problems
examining

in

the

field in
witnesses.

These offences take place within the family circle. Sometimes, though blood
relatives of the deceased volunteer evidence in the heat of trauma, a gradual
reconciliation would be the normal tendency. Therefore, sound evidence is rarely
forthcoming
and
difficult
to
sustain.
Dowry death being an offshoot of the relationship of wife and husband and
veiled in a shroud of secrecy, even the parents of the deceased may be unaware of the hardships
the deceased underwent at the hands of her husband and his relatives
in
the
process
of
the
dowry
death.
If the investigating officer is lucky, he may succeed in collecting some evidence
of cruelty. The next stage at which he would find himself would be the girl's death.
There would be an absolute void in between with no clues or evidence of what
happened or no eyewitnesses to vouch for that. Clues on the dead body and
surroundings are likely to be tampered with by the offenders.

The dowry death cases are offences primarily under central acts namely the
Dowry Prohibition Act, 1961 with its amendments of 1984 and 1986 and certain
sections of the Criminal Procedure Code, 1973.

The same word 'connection' brings in a similar impression while defining 'dowry
death'
in
Section
304B of the Indian Penal Code and section 113B of the Indian Evidence Act while
declaring in connection with demand of dowry', ipso facto rendering the incatenation between the offence of dowry death

The victim does not give information about her harassment while alive
because of Indian cultural values, the need to continue to live with in-laws,
feelings of alienation in the in-laws' house and parental pressure to conform
and adjust.
There are no independent witnesses to the commission
is committed within the four walls of the in-laws' house

of

the

offence

as

it

The evidence can be easily tampered with because the scene of the
is at the disposal of the in-laws until they volunteer to make the
public.

offence
offence

Dying declaration is either not taken or is taken at the in-laws'


convenience
as the -victim continues to be in their charge; further, the relatives of
the
deceased often reach the scene very late.
1. Sec. 2 ofD.P. Act (Defintion of Dowry); "in connection with the
marriage".
2. Sec. 304B IPC & 113B of the Indian Evidence Act;
"Soon
before
her
death"
"in
connection
with
demand
for
dowry".
3. 498A,
"Relative

304B

IPC
of

4.
"likely to drive".

&

113A

Indian
her

Evidence Act;
husband"

498A

IPC.

While the presumptions under section 113(B) of the Indian Evidence


Act
is
applicable to prove dowry death cases u/s.304(B) IPC, section 113(A)
is
applicable
to prove abetment to commit suicide u/s.306 IPC within seven years
of the marriage.
.

Inquest

over

the

dead

body.

Inquest over the dead body of a woman by an Executive Magistrate is a


must

if she dies within seven years of her marriage under one of the
following
circumstances.
a)
b)

She
There

is

committed

reasonable

suspicion

suicide.
about

her

death.

The inquest may be held by a police officer if above conditions are not
fulfilled,
but a relative of the deceased makes a request for inquest.
Examination of witnesses:
.
The
blood
relatives
of
independent witnesses from
the neighbourhood
deceased are given preference.

Deputy

Superintendent

of

Police

the
who

deceased
intimately know

investigates

the

and
the

case:

An officer of the rank of Deputy Superintendent of Police takes up the


investigation of the case within 24 hours of the registration of the case and
personally visits the scene and examines the dead body and the surroundings. He discusses the case in detail with the PSI or CPI who conducted
preliminary investigations of the case earlier.
2. Report of Unnatural death of a woman within seven years of marriage:
In all cases of unnatural death of a woman within seven years of her
marriage
under suspicious circumstances reported to a Police Station, the
following
measures
are
to
be
undertaken
forthwith.
a) The case should be registered as a UDR case u/s: 174 Cr. P.C. r/w 176
Cr.P.C.

b) The Sub-divisional Magistrate of the area with information to


District
Magistrate should be immediately addressed about the death with a
specific request for an immediate inquest over the dead body by the
Sub-divisional
Magistrate
personally.
4. An officer not below the rank of PSI from the Police Station should
reach the scene without loss of time and personally examine the scene,
dead
body
and witnesses in preparation for the inquest. He should prepare a rough
sketch of the scene with all details and measurements. He should isolate
the
scene for future examination, colour photographs of the dead body,
showing
injuries and the surroundings should be taken in various angles.
http://www.police7.blogspot.in/
Suicide- harassment for insufficient dowry, (Assualt)
Kamal Kumar VS State of Punjab 2010(3) RCR 716 (P & H)
297 page RCR
Devinderpal vs State of Punjab, 2007 (4) RCR 685 (P&H)
Burning case 304B with 306
Suicide, 306 and 498A not under 304B
Bhagwatibai vs state of MP, 2007 (4) RCR 936 M.P.
Section 2-Demand of Dowry (Dowry Prohibition Act, 1961)
No independent witness
Jarnail Singh alias titu vs state of Haryana, 2008(1) RCR 925 (P&H)
298 page RCR
Birth of child ceremonies- No dowry
Ran singh
vs state of Haryana, 2008 (1) RCR 894 SC
Narayanmurthy vs state of Karnataka, 2008 (2) RCR 969
After marriage- dowry
Ran singh
vs state of Haryana, 2008 (1) RCR 894 SC
After marriage- dowry
(299 page) burnt- did not trying to extinguish fire,
not rendering first aid to his wife
Banbir Singh vs State of Uttranchal, 2007 (5) RCR 330

2. Ornament at time of marriageis included in dowry- section 2 of the act


(1988) Supp. 1 SCC
4. Demanding from father in law- after some time died unnatural death Ashok kumar vs state of haryana

78page- RCR

Unnatural death of bride in matrimonial home


Hem chand vs state of Haryana AIR 1995 SC120: 1994(3) RCR 625 SC
When cruelty proved- it is said to cause dowry death
350page- RCR
Sophisticated word- for dowry
Baldev Krishan vs State of Haryana
113-B
Ranjit Singh vsState of Punjab 1998(2) RCR 521
498A- Dowry & Harrasment
Prem Singh vs state of Haryana 1998(3) RCR 658SC
Unnatural death of bride within seven years- (if cruelty proveddowry death- cruelty harassment, assaulted )
Ram Badan Sharma VS state of bihar 2006(4) RCR 105 SC
After some time no defence
Kailash Vs state of MP, 2006 (4) RCR 634 SC

Você também pode gostar