1. Crime
Against
Women

2. Section 304 B (Dowry Death)

3. Section 304 B (Dowry Death)
INTRODUCTION
  When a woman enters into wedlock she has many salutary expectations. She would expect happy conjugal life, she would then expect to be a mother one day, then she would be a mother in law and grand mother and so on.
All these expectations are shattered by the cruel had of dowry related problems.
The dowry is a deep-rooted evil in the society. It started as a customary presents with love and affection.
Later the boy and his family members started demanding dowry as a matter of right. There were instances of harassment of the wife, if the demand was not fulfilled. Then crimes relating to dowry follows.

4. Dowry prohibition act 1961 (Sections- 3, 4, 4A, 6)
Crime relating to dowry which are covered under: -
Dowry prohibition act 1961 (Sections- 3, 4, 4A, 6)
Sections- 304B, 498A, 405,406 Indian Penal Code 1860.
3. Sections-113A, 113B Indian Evidence Act 1872 dealing with presumptions.

5. What is Dowry ?
  Dowry is defined in the Dowry Prohibition Act 1961 according to it:-
Dowry means any property or valuable security given or agreed to be given either directly or indirectly
• By one party to a marriage to the other party to the marriage ; or
• By the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or any time after the marriage in connection with the marriage of said parties, but does not include ‘Mehar’.

6. One is before the marriage, second is at the time of marriage and
The word dowry has been defined in S. 2 of the Dowry Prohibition Act, According to it there are three occasions related to dowry-
One is before the marriage,
second is at the time of marriage and
the third occasion may appear to be an unending period.
But the crucial words are in connection with the marriage of the said parties. This means that giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties.

7. There can be many other instances for payment of money or giving property as between the spouses.
For example, In case of Stavir Singh v/s State of Punjab and others, AIR 2001 SC 2828,
it was held that some customary payment in connection with birth of a child or other ceremonies are prevalent in different societies and such payment do not come within the scope of dowry.

8. What is Death ? Death is defined in Sec. 46 of IPC.
Death is defined in Sec. 46 of IPC.
The word death denotes death of a human body unless the contrary appears from the context.

9. Dowry Death is defined in the Sec. 304 B of IPC according to it :-
What is Dowry Death ?   
Dowry Death is defined in the Sec. 304 B of IPC according to it :-
•Where the death of a woman is caused by a any burns or body injury or occurs otherwise than under normal circumstances within 7 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 demand of Dowry. Such death called dowry death and such husband or relative shall be deemed to have caused her death
•Whoever commits Dowry death shall be punished with imprisonment for a term which shall not be less than 7 years but which may extend to imprisonment for life

10. •Such death should have occurred with in 7 year of her marriage.
INGREDIENTS OF DOWRY DEATH
SC Judgment in Shanti Vs State of Haryana (AIR 1991, SC 1226) explain the essential of Dowry Death.
 •The death of a women should be caused by burn or bodily injury or otherwise than under normal circumstances.
 •Such death should have occurred with in 7 year of her marriage.
 •She must have been subjected to cruelty or harassment by her husband or any relative of her husband.
 •Such cruelty or harassment should be for or in with demand for dowry.
  To such cruelty or harassment the deceased should have been subjected soon before her death. (Kans Raj Vs State of Punjab AIR 2000, SC 2324)

11. PRESUMPTION AS TO DOWRY DEATH
(Sec. 113 B OF Indian Evidence Act)
When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with any demand for dowry, the court shall presume that such person had caused the dowry death.

12. PRESUMPTION WHEN MAY BE RAISED
Proof of the following essentials: -
•The question before the court must be whether the accused has committed the dowry death of a woman (Sec. 304 B IPC).
 •The woman was subjected to cruelty or harassment by her husband or his relatives.
•Such cruelty or harassment was for in connection with any demand for dowry.
 •Such cruelty or harassment was taking place soon before her death
Shifting the onus on the accused

13. Difference between Sec. 304B & Sec. 306 (Abetment of Suicide)
If any person commits suicide, whoever abets the commission of such suicide shall be punished under Section 306 (imprisonment up to 10 years and fine also)

14. What is Cruelty ?
 CRUELTY DEFINED IN Sec. 498 A IPC according it :-
Whoever, being the husband or the relative of the husband of a woman, subject such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall be liable to fine.
Explanation:
(a) “Cruelty” means wilful conduct under certain circumstances, viz. when it is:-
(i) Likely to drive the woman to commit suicide , or
(ii) Cause grave injury or danger to life, limb or health (including “physical” as well as “mental” health).

15. · “Repetitive” taunting of the bride by calling her ‘ugly’.
(b) “Harassment” whether physical or mental relating to any unlawful demand for any property or valuable security—‘dowry’ in common parlance.
“Mental Cruelty: There is no elaboration of the term “mental cruelty under the section itself but over the period of time some understanding of the same has been developed through case law as propounded by the Apex Court and various High Courts, which are as under:-
· “Repetitive” taunting of the bride by calling her ‘ugly’.
· Forcing to leave the matrimonial home.
· Refusal to send her to parent house.
· Non return/deprive of stridhan. Besides, act of non return of stridhan by bridegroom and his relatives is also covered by Sec. 406 IPC.

16. Cruelty can be done for any thing and at any time.
A complaint in dowry case of cruelty to a married women can made by women herself, her father, mother, brother, sister or any other relation by blood (Sec. 198-A Cr.P.C.)

17. In a judgment Hon’ble Justice Kailash Gambhir (Delhi HC) given guidelines on 498A Cases
The guidelines are as below:-
1.Social workers/NGO
There is no iota of doubt that most of the complaints are filed in the heat of the moment over trifling fights and ego clashes. It is also a matter of common knowledge that in their tussle and ongoing hostility the hapless children are the worst victims. Before a wife moves to file a complaint with the women Cell, a lot of persuasion and conciliation is required.

18. The Delhi Legal Service Authority, National Commission for Women
The Delhi Legal Service Authority, National Commission for Women. NGOs and social workers working for upliftment of woman should set up a desk in crime against women cell to provide them with conciliation services, so that before the State machinery is set in motion, the matter is amicably settled at that very stage.
But, if ultimately even after efforts put by the social workers reconciliation seems not possible then the matter should be undertaken by the police officials of Crime against Women cell and there also, serious efforts should be made to settle the matter amicably.

19. 2. Police Authorities:
Pursuant to directions given by the Apex Court, the Commissioner of Police, Delhi vide Standing Order NO. 330/2007 had already issued guidelines for arrest in the dowry cases registered under Sections 498-A /406 IPC and the said guidelines should be followed by the Delhi Police strictly and scrupulously.
No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/ Additional DCP.
Arrest of main accused should be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP.

20. Arrest of the collateral accused such as father-in-law, mother-in-law, brother-in-law or sister-in-law etc should only be made after prior approval of DCP on file.
Police should also depute a well trained and a well behaved staff in all the crime against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance .
FIR is such cases should not be registered in a routine manner.

21. The endeavor of the Police should be to scrutinize complaints very carefully and then register FIR.
The FIR should be registered only against those persons against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach of trust.
All possible efforts should be made, before recommending registration of any FIR, for reconciliation and in case it is found that there is no possibility of settlement, then necessary steps in the first instance be taken to ensure return of stridhan and dowry articles etc. by the accused party to the complainant.

22. 3.Lawyers:
Lawyers also have a great responsibility in this regard.
While drafting pleadings/complaints, the lawyers should not unnecessarily suggest incorporation of wild allegations, or in character assassination of any of the parties or their family members whatever the case may be.
Lawyers are also to endeavor to bring about amicable settlement between the parties as they are expected to discharge sacred duty as social engineers in such cases instead of making them target for monetary considerations by multiplying their cases.
4.Courts:
Subordinate courts, be it trying civil or criminal cases concerning bail, maintenance, custody, divorce or other related matters shall in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties.

23. The first endeavor should be for possible reunion and restitution of the parties and as a last endeavor to bring about peaceful separation.
If possible extra time should be devoted to such matters to restore peace in the lives of rival parties be it by re-uniting them or even in case of their parting ways.
Conciliatory Proceedings by the court should preferably be held in camera to avoid embarrassment.
Wherever, the courts are overburdened with the work, necessary assistance of Mediation and Conciliation cells should be sought.
Apart from above directions it would not be out of place to ask parties also to themselves adopt a conciliatory approach without intervention of any outside agency and unless there are very compelling reasons, steps for launching prosecution against any spouse or his/her in –laws be not initiated just in a huff, anger, desperation or frustration.

24. Stridhan defines in Section 14 of Hindu Succession Act, 1956
Stridhan defines in Section 14 of Hindu Succession Act, According to it   : -
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
Explanation - In this sub section. “property” includes both moveable and immovable  property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion (effort), or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhan immediately before the commencement of this Act.

25. Criminal Breach of Trust (Sec. 405 and 406 of IPC)
Definition (Sec 405) :-
Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits “Criminal Breach of Trust”.   

26. Refusal to return stridhan:-
Where husband and the father-in-law turned out a Hindu woman from the marital home and refused to return her ornaments, money and clothes despite repeated demands.
Period of limitation:-
Ill treatment compelled a woman to separate from in-laws and to settle as a school teacher. She asked for her ornaments repeatedly and on persistent refusal filed the complaint. The court held that the period of limitation would be computed from the date of the last refusal. The period prescribed is that of three years.

27. In Pratibha Rani Vs Suraj Kumar AIR 1985 S.C. 628 held that: - 
The husband is only custodian of the stridhana property entrusted to him. 
Simple entrustment of stridhana without creating any right in the husband except putting the articles in his possession does not entitle him to use the same to the detriment of his wife without her consent.
The husband has no justification for not returning the said articles as and when demanded by the wife.
In the case of stridhana property the title of which always remains with the wife, if the husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they will be liable to punishment for the offence of criminal breach of trust under Sec & 406 IPC.

28. Sec.6, Dowry Prohibition Act, 1961: -Failure to transfer the dowry which was received by any person in connection with the marriage of any  woman, to that woman or to her heirs.
Punishable up to imprisonment not less than 6 months   but up to 2 years or with fine not less than Rs. 5000/-   but which may extend to Rs or with both.
Where woman dies within seven years of her marriage, other wise than due to natural, such property shall-
(a) if she has no children, be transferred to her parents; or
(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.

29. Punishment (Sec 406) :-
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Ingredients:
This offence consists of any four positive acts, namely, misappropriation, conversion, user, or disposal of property entrusted to any person.
Breach of trust:
A person, who retains the dowry and does not return to the woman entitled to it, is guilty of breach of trust.

30. Refusal to return stridhan:-
Where husband and the father-in-law turned out a Hindu woman from the marital home and refused to return her ornaments, money and clothes despite repeated demands.
Period of limitation:-
Ill treatment compelled a woman to separate from in-laws and to settle as a school teacher. She asked for her ornaments repeatedly and on persistent refusal filed the complaint. The court held that the period of limitation would be computed from the date of the last refusal. The period prescribed is that of three years.

31. Place of inquiry or trial: (Sec. 178, Cr. PC)
(a when it is uncertain in which of several local areas an offence was committed, or
(b where an offence is committed partly in one local area and partly in another; or
(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or
(d where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

32. Offence committed outside India (Sec. 188, Cr
Offence committed outside India (Sec. 188, Cr. PC ):: When an offence is committed outside India: -
(a) by a citizen of India, whether on the high seas or elsewhere, or
(b) by any person, not being such citizen, on any ship or aircraft registered in India,
he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found;
Provided that, notwithstanding anything in any of the preceding Sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

33. Receipt of evidence relating to offences committed outside India (Sec
Receipt of evidence relating to offences committed outside India (Sec. 189, Cr. PC) : When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of Section 188, the Central Government, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

34. CAW Cell for investigation of crime pertaining to women do not cause any discrimination on basis of sex – CAW Cells constituted with social purpose so that crime relating to women dealt with sensitivity – CAW Cell is like any other specialised wing of Delhi Police, where firstly attempt made to bring about unity between spouses so as to make marriage a success – On failure of these reconciliation attempts law is allowed to take its course – No fault with creation of CAW Cells. [JASBIR KAUR V. STATE (GOVT. OF NCT DELHI) 134(2006) DLT 325]

35. Weather proceedings before CAW Cell initiated pursuant to complaint under section 498 A/ 406, IPC could be called being a part of investigation, held, yes by Delhi High Court in the case of Dev Singh, v/s State & Others, 2006 (3) JCC 1281 (24th July, 2006)

36. SONU & ORS. Vs. GOVT. OF NCT OF DELHI & ANR W. P. (Crl. ) No
SONU & ORS. Vs. GOVT. OF NCT OF DELHI & ANR W.P. (Crl.) No. 266 of 2007
On per sual of FIR lodged at P.S. Malviya Nagar shows that complainant married at Shamli (U.P.), Went to matrimonial home at Patiala (Punjab)- Tounted for bringing less dowry-
No where in FIR she stated that offence was committed in Delhi-Neither entrustment of dowry articles had taken place in Delhi nor alleged misappropriation of dowry at Delhi-
But filed FIR with Malviya Nagar P.S. alleging that she is now living at Hauz Rani within the jurisdiction of P.S. Malviya Nagar-
per decision 1999(8) SCC 728, Satvir kaur v. State (Govt. of NCT Delhi)-Petition allowed- SHO P.S.
Malviya Nagar, Delhi directed to transfer FIR to concerned P.S. at Patiala (Punjab) where offence was committed.

37. FIR cannot be refused in respect of crime requiring investigation – During investigation if IO arrive at a conclusion that Crime is not committed within its jurisdiction, should forward the FIR to P.S. having jurisdiction.
Where FIR is registered in respect of crime committed outside Delhi and where no part of the offence has been committed within the jurisdiction of Delhi that such FIRs should be transferred to the State concerned and also there should be no refusal of registration of FIR- In all those cases where there is a refusal of registration of FIR, even where cognizable offence is reported, disciplinary action should be taken against such police officers.

38. Check Lsit for IO’s u/Sec. 304 B, IPC.
 General Points
1. Earliest possible to reach at the place of occurrence.
2. Preserve the scene of crime.
3. SHO, SDPO, SDM/ Crime Women Cell, Nanakpura / Senior Officers be informed/ called to spot.
4. An inquest proceeding by SDM is must in dowry death cases (as per section 176 (i) Cr.P.C  
Inquest is a proceeding to ascertain the apparent cause of suspicious death of any person.
(See, section 174 to 176 Cr.P.C. for inquest proceeding.)
5. Crime team photographer be called at spot. 

39. Parents be informed and examined at the earliest possible. 
1.  Date of marriage, any document for such marriage.
2.  Details of the items of dowry which might have been given by the victims parents or demanded by the accused may be  collected.
3.   Collection of evidence regarding demand of dowry.
4.  Evidence of frequent quarrels between the victim and the in- laws.
5.    Any previous history of strained relations.. 

40. 1. Whether the room was locked from inside or outside.
Examination of the Scene of Crime 
1. Whether the room was locked from inside or outside.
2. Breaking open of the room if bolted from inside.
3. In case the death is by hanging search for ligature marks and cloth or rope in hanging.
4. The site be got inspected by Crime Team and services of CFSL team, wherever is necessary, be taken. Ligature mark be photographed and cord be preserved and be sent to FSL.
5. Search for any suicidal note. 
6. In case the suicide committed by an overdose of sleeping pills, poisoning, Autopsy surgeon may be requested to preserve the viscera, etc., for chemical analysis.

41. 7. The ACP/SHO/IO should be well conversant with provisions and amendments in the law relating to the crime against women especially the provisions of section 498-A IPC and 304-B IPC, 176 Cr.PC.
8. The investigation of a Dowry death case must be carried out by the SHO or some senior officer but should not be entrusted to junior officers for investigation.
9. Dowry death case be treated as special report case.

42. 1. Search for petrol/k-oil, match box etc.
Look for the following Physical Clues
 1. Search for petrol/k-oil, match box etc.
2. Burnt cloths of the victim.
3. Search for poison or any other medicine used for killing the victim.
4. Vomiting etc. found at the spot.
5. Utensils etc. which might have been used should be searched for and seized.
6. Any evidence of struggle between the victim and in-laws like pulling out of the hair etc. which could be noticed at the spot.
7. Physical clues at scene of crime be taken and sent to CFSL. 
8. Article like stove, tin of K.oil, or any other container, matchbox, match sticks, partly burnt clothes, hair etc. at the spot must be taken in to possession.

43. 4. Examination of eye-witness who might have arrived at the spot.
Examination of the witnesses
1. Dying declaration if possible. For example take opinion of Doctor that whether she is fit for giving statement or not and the record her Dying Declaration.
2. If there is a possibility of her becoming unconscious or dying before the arrival of the magistrate, senior most doctors available may be requested to record her statement.
3. If Victim is still in position to make statement when the magistrate comes, her statements must also be got recorded by him.
4. Examination of eye-witness who might have arrived at the spot.

44. 5. Examination of the persons who had taken the victim to the hospital.
6. Examination of the doctor who might have treated the victim.
7. Any evidence of cruelty or ill-treatment having been meted out to the victim.
8. Statement of the children of the deceased, if any, who might have witnessed the crime or ill-treatment being meted out to their mother.
9. Interrogation of the victim in-laws who might have been present at the time of the incident. 

45. You collect clear and pointed evidence against the accused
You collect clear and pointed evidence against the accused.(In a case, Evidence showing frequent quarrel between husband and deceased wife wherein parents had no part to play. Dowry demand made by husband – held in the absence of clear and pointed evidence. It would be unsafe to maintain the conviction of the parents, on vague allegation that the demand of dowry was made by the husband’s family members.( Salamat Ali Vs. State of Bihar, AIR 1995, SC ,1863).

46. Check Lsit for IO’s u/Sec. 498 A & 406, IPC.
1. Complaints of matrimonial discords should be dealt with utmost care and efforts be made to resolve the dispute by giving patience hearings to both the parties.
2. Where the parties do not arrive at amicable settlement, case be registered and taken up investigation.
3. Collect proof of marriage by procuring marriage card/ certificate photographs of the marriage etc.
4. Collect proofs/evidence of harassment/cruelty i.e. MLC or Police Report meted out to the victim.

47. 5. Examine parents/relatives and neighbours of the victim about alleged maltreatment and persistent demand of dowry by the husband and in-laws.
6. Collect documentary evidence i.e written communication/ letters, if any, made by the victim with parents/relatives about harassment on account of dowry.
7. Collect documentary/oral evidence of frequent quarrels/beatings between the victim and her husband/in-laws and previous history of strained relations.
8. Collect proof of stridhan like receipts/ photographs of items and also verify the receipts.

48. 9. in statements u/sec. 161 Cr. PC it should be clearly mentioned to whom and when the entrustment of articles was made, when the articles were demanded back (with dates/ occasions if possible) and refused to return.
10. Specific role of each accused persons i.e. their acts and conducts should be established and discussed in the statements of the witnesses as well as in the charge sheet.
11. If required/ necessary arrest the accused person (s), against whom evidence comes on record.
12. Collect list of stridhan, recovers the stridhan. In case of disputed items it should be clearly mentioned in seizure memo. Restore the stridhan articles to the victim by the order of court.

49. Thanks By Dr.K.K.Tiwari Senior Prosecutor