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Showing posts with label S 304-B of IPC. Show all posts
Showing posts with label S 304-B of IPC. Show all posts
Wednesday, 25 June 2025

Supreme Court Acquits Husband in Dowry Death Case: Holds Prosecution Failed to Prove Cruelty or Harassment “Soon Before Death,” Presumption Under Section 113-B Evidence Act Not Applicable Due to Contradictory Testimonies

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In the cross-examination, PW-7 stated that police had recorded his statements on 3rd April 1998 and 7th April 1998, which were marked as exh...
Tuesday, 24 June 2025

What are essential ingredients of offence of dowry death?

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 The essential ingredients of dowry death under Indian criminal law remain consistent between the Indian Penal Code (IPC) and the Bharatiya ...
Tuesday, 1 March 2022

Whether demand of money for construction of a house can be treated as a demand for dowry?

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 In the light of the above provision that defines the word “dowry” and takes in its ambit any kind of property or valuable security, in our...
Saturday, 15 August 2020

Supreme Court: Precaution to be taken by the court while suspending the sentence of a convict of dowry death

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Section 389 provides that, pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in  writi...
Thursday, 6 August 2020

Whether court can convict accused for an offence U/S 306 of IPC if he was charged under S 498A and 304B of IPC?

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  Both the Courts below have found the husband guilty of cruel treatment of his wife and as a result the wife committed suicide within se...
Tuesday, 4 August 2020

Whether court can convict accused of an offence U/S 304B of IPC if he was charged only under S 302 of IPC?

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Be that as it may. The question raised before us is whether in a case where prosecution failed to prove the charge under Section 302 IPC, ...
Thursday, 9 July 2020

Whether husband can be prosecuted under S 304B and S 498A of IPC even if he is not legally married with prosecutrix?

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Can a person who enters into a marital arrangement be allowed to take shelter behind a smokescreen to contend that since there was no vali...
Wednesday, 20 May 2020

Supreme Court: Accused prosecuted for an offence U/S 304(B) of IPC can get default bail only on completion of 90 days

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  In a case involving offence punishable under Section 304(B) is the period for filing challan 90 days or 60 days? 8. A bare reading ...
Tuesday, 10 September 2019

What is distinction between 304-B (Dowry death) and 498-A IPC?

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There is a succinct distinction between the offences under Section 304-B and 498-A IPC. For an offence being brought within the purview o...
Saturday, 17 August 2019

Leading Judgment on dowry death

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 In this connection we may refer to the judgment of this Court in Kans Raj v. State of Punjab [MANU/SC/0296/2000 : (2000) 5 SCC 207: 2000...
Saturday, 5 January 2019

When unnatural death of married woman would not amount to dowry death?

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 In  Pushpender Singh  v.  State , Criminal Appeal No. 160/2015, (2015) SCC OnLine Del 12748, decided by a division bench (of which I was...
Friday, 25 May 2018

Short notes on Dowry Death And S 498A of IPC

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In 1986, a new section,S 304B was inserted into IPC to provide for stringent punishment in respect of dowry death. Ingredients of S ...
Thursday, 24 May 2018

Whether demand of property in connection with marriage amounts to dowry demand?

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Learned counsel for the appellants heavily relied upon the following observations made by this Court in the case of Appasaheb1: A dema...
Sunday, 14 May 2017

Whether accused can be punished for major offence after being charged with minor offence?

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Section 215 Cr.P.C. provides that omission to frame charge will not be treated as material unless it has resulted in any failure of just...
Thursday, 29 September 2016

When prosecution U/S 304B and S 498A of IPC is liable to be quashed on ground of territorial jurisdiction?

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In the instant case, the question of territorial jurisdiction was just one of the grounds for quashing the proceedings along with the o...
Saturday, 22 August 2015

How to interprete word "shown" in used Section 304B of IPC?(Dowry death)

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 Keeping in perspective that Parliament has employed the amorphous pronoun/noun "it" (which we think should be construed as an al...
Thursday, 14 May 2015

Interpretation of word "soon" before death under S 304B of IPC(dowry death)

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In other words, it is for the prosecution to prove that a 'dowry death' has occurred, namely, (i) that the death of a woman has bee...