Research Paper

on
A Critical Analysis of the Offence of Dowry Death

Submitted To: Submitted By:

Name: -Dr. Navya Gupta Name-Asha
Course- LL.M. (Ist Semester)
Subject- Research Methodology
 Table of Contents

S.No Contents Page No.

1) 1List of Cases 3
.
2) 2Abstract 4
.
3) Introduction 5-7
3.1 History and Background of Dowry Death
3.2 Dowry Death – Meaning and Definitions

4) Literature Review 7

5) Research Questions 7
Issues for the Critical Analysis of the Offence of Dowry Death

6) Research Objective 8

7) Dowry death 8-15

7.1 Section 304 – B Dowry Death
7.2 Essentials of Dowry Death
7.3 Punishments
7.4 Presumption as to Dowry Death:
7.5 Dowry Prohibition Act, 1961
7.6 Dowry Prohibition Rules, 1998
8) Research Methodology 16

9) Conclusion 17
10) List of References 18

2
 LIST OF CASES:

1. Akula Ravinder V. State of AP AIR 1991 SC 1142

2. Arbind Kumar Ambasta V. State of Jhharkand (2002) Cr LJ 3973 (Jhar)
3. G. A. Mohd. Moideen V. State of TN (2000) Cr LJ 4355 (Mad)
4. Smt Shanti and Anr. vs. State of Haryana AIR 1991 SC 1226
5. Smt Shanti and Anr. vs. State of Haryana AIR 1991 SC 1532
6. State of Himachal Pradesh v. Nikku Ram (1995)Cri LJ 4184 (SC)
7. Satvir Singh and Ors. vs. State of Punjab and Ors. AIR 2001 SC 2828
8. Uday Chakraborty and Ors. v. State of West Bengal (AIR 2010 SC 3506)
9. Baijnath and Ors. V. State of Madhya Pradesh (AIR 2016 SC 5313)
10. Singh @ Partap v. State of Haryana (AIR 2015 SC 980)

3
 ABSTRACT

The concept of the Dowry Death can be understood from the past where it has a reference
even today. Dowry Death in general refers to the murder or suicide of a married woman
caused by a dispute over her dowry. In this paper there will be brief study about the dowry
death as an offence which is punishable under the Indian Penal Code under certain sections.
The concept of Dowry Death will happen only when it satisfies certain features which is
the death of the women should have occurred within seven months of her marriage and the
death should be caused by the burns or bodily injury.
The Offence of Dowry Death is mentioned in the Indian Penal Code (IPC) in the section
304 – B of the code. There is a difference between Dowry and Stridhan which has been
discussed in the case Pritam Singh v. State of Delhi [2000 (4) RCR (Cr.) 566 (Del.)].
The Dowry death is an offence under the IPC. Reema Agarwal v. Anupam [2004 (3) SCC
1999] the Hon’ble Supreme court defined the word Dowry. Before the word has been added
into laws it was the custom which was followed in past where the bride used to take the
dowry for the husband. The word Dowry has also been defined under the Dowry
Prohibition Act, 1961 and there are certain guidelines provided i.e. The Dowry Prohibition
Rules, 1998.
In the paper there are certain research questions raised which are as follows:
 whether the dowry death is a punishable offence or not?
 Whether are there any penalties for taking or giving dowry?
 Whether the dowry taken by the wife is the benefit for her or for her legal heirs?
And some other questions which are answered in the later part of paper with the help of
case laws. The Dowry Prohibition Act, 1961 is also discussed in detail and also The Dowry
Prohibition Rules, 1998.
The methodology followed is also discussed and the objective of writing this paper i.e. to
show/prove that Dowry Death is an Offence under the IPC and is punishable either with
fine or imprisonment or with both basing on the crime that a person commits he/she will
be charged. And to conclude whatever has been written has been provide with the
references to avoid plagiarism.

4
INTRODUCTION1

History and Background of Dowry Death2:

The system of Dowry existed in P. S.A. Pillai said “India even before the British Rule,
but not in the format that is prevalent in the society today”. In the pre-colonial period3,
dowry was an institution managed by women, for women, to enable them to establish their
status and have recourse in an emergency. "In this ancient system of dowry, the parents of
the bride, even her kith and kin, all gave wealth to her in the form of valuable gifts etc. P
S A Pillai and Ratanlal and Dhirajlal opined in this way before ‘Dowry Death was an
offence it was a custom practiced by almost every family in the society. The dowry is given
to the daughter in either form i.e., movable or immovable property because she was not
entitled for a share in joint family property. dowry is the amount of property or money
brought by a bride to her husband on their marriage. Now talking about the Dowry Death
in the society everyone is slowly coming to know that it is an offence. Dowry Death means
murder or suicide of a married woman caused by a dispute over her dowry. It will occur on
the basis of certain reasons. Today dowry problem has assumed the element of a serious
problem. Nowadays cash, gold, movable and immovable property utility articles and non-
material goods from a part of the package deal under the label of dowry. In additions,
various forms of payments to the in-laws of the bride continue even after the marriage. To
summarize, it in evident that most of the brides are young, dependent and not very
educated. The crises also take place in the early years of marriage, lastly, the deaths are
camouflaged either as accidents or suicides. Furthermore, the procedural laws have been
significantly personalized empowering the executive authorities and judicial tools to act
effectively in Dowry related crimes. The punishments provided have been made deterrent.

Associations of social workers and voluntary organizations in the enforcement process are
statutorily provided for and legal assistance in guaranteed through the legal aid agencies
and Dowry Prohibition Offices. Dowry is a curse upon our society and many innocent

1
P S A Pillai, Criminal Law (595, 597, 600) Gogia Law House, Hyderabad, 7th Edition, 2010.
2
Kudrat, A Critical Overview of Offences Against Women Under The Indian Penal Code, Amity Law
School, Delhi.
3
Pragnesh Parmar, Dowry Death and Law – Indian Scenario, International Archives of Integrated
Medicine, Vol.1

5
women lose their lives because of illegitimate demands for dowry. The provisions dealing
with dowry death have been framed in a way that raises a presumption against the accused
if certain minimum requirements are met’. Now that it is easy when it has been included in
the act because it is a punishable offence under the IPC- Indian Penal Code, 1860.
DOWRY DEATH: MEANINIG AND DEFINITIONS-
Dowry Death4: According to the dictionary meaning Dowry deaths are deaths of women
who are murdered or driven to suicide by continuous harassment and torture by husbands
and in-laws in an effort to extort an increased dowry.
Dowry Death according to IPC, 18605
 “The Section 304 – B reads as ‘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’.
 The word ‘Dowry’ in Section 304B IPC has to be understood as it is defined in Sec.2
of the Dowry Prohibition Act. In the landmark judgment of Reema Agarwala v.
Anupam, the Supreme Court held the meaning of dowry. The concept of dowry is
connected with a marriage and the provisions of the Dowry Prohibition Act apply in
relation to marriage”.
Definition of Dowry according to Dowry Prohibition Act,1961:
In this act, `dowry’6 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 parents 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

4
Pragnesh Parmar, Dowry Death and Law – Indian Scenario, International Archives of Integrated
Medicine, Vol.1, Issue. 2, October, 2014.
5
Indian Penal Code, 1860
6
Dowry Prohibition Act,1961

6
 connection with the marriage of said parties but does not include dower or mahr in the
case of persons to whom the Muslim Personal Law (Shariat) applies.
Literature Review:
The Literature Review contains a critical analysis of the information regarding the research
study. In respect with the present study the literature review will indicate that how the
conceptual analysis has been given for the research questions. It shows that how research
study is an extensive and critical review of the research topic. In this study the essentials
of Dowry Death are taken from the book The Indian Penal Code,1860 which is written
by Ratanlal and Dhirajlal. In this author clearly states that for an act to be considered as
an offence under the Dory Death all the essentials must be satisfied. The research study
includes substantial findings about the Dowry Death and Dowry Prohibition Act, 1961 and
Dowry Prohibition Rules, 1998. In the present study the information has been taken from
various Books, Articles, and Journals and has been referred to various case laws and
Decisions of the Hon’ble Supreme Court and other High Courts. In the present study Bride
Burning and Dowry System in India by Mr. Abhishek has been referred to understand
the basic concept of Dowry. The concept of section 304 B is taken from the book Ratanlal
and Dhirajlal and the concept of Dowry is taken from Women and The Law by G. B
Reddy the matters are referred with articles Dowry Death and Law – Indian Scenario
by Pragnesh Paramar, Overview of Offences Against Women Under The Indian
Penal Code by Kudrat and Dowry Deaths — Practiced by Traditions, Forbidden by
Law by Gauri Goburdhun. These articles talk completely about the present study and
give an idea about Dowry Death which will help in achieving the objectives in the present
study.
Research Questions:
1. Whether the death occurred under un-natural circumstances and death occurred is a
result of homicide or suicide- material. Whether the death occurred in such manner
amounts to Dowry Death or not?
2. Whether cruelty is a common essential for both the Sections in the IPC?
3. The views of Hon’ble Supreme Court on Section 304-B of The Indian Penal Code,
1860.

7
Issues for the Critical Analysis of the Offence of Dowry Death:
1. Whether the dowry death is a punishable offence or not?
2. Whether are there any penalties for taking or giving dowry?
3. Whether the gifts before or after the marriage or at the time of marriage come with in
the purview of the definition of the Dowry? And if not are there any limitations on the
quantity and kinds of the gifts. Whether the quantity and kinds depend upon the
financial status and financial resources of the family.

Research Objectives:
There are certain objectives for writing this paper which are as follows:
1. Teaching the students at college level about values, human rights, constitutional rights,
mutual respect co-operation and understanding and so on.
2. To propagate the laws through print and electronic media, plays, skits.
3. Spreading legal literacy through legal service authority and having legal aid cells in
colleges for legal aid.
4. To sensitize the police to be citizen friendly and deal with cases with a human touch
and in an appropriate manner. Sensitizing members of Sub-ordinate Judiciary.
5. To prove that people committing the crime will be punished.
6. To show that according to the present-day scenario Dowry is no more a custom and is
punishable offence under IPC, 1860 and Indian Evidence Act.
7. To show that Dowry Death is Punishable Offence under section 304 – B of IPC. Dowry
Death is neither accepted by law nor by the individuals/persons in the society.
8. The final objective of writing this paper is to show that Dowry Death can be prevented
when certain measures are taken such as :
o Awareness that it an offence
o When persons in the society are Educated about such offences,
o Stringent Punishments and
o Speedy Trials and the Implementation of the Law must be strengthened.

Therefore, by reading the above-mentioned objectives intention of the researcher can be

understood. Dowry Death is a Punishable Offence and there are certain laws which are

8
pertaining to Dowry i.e. Dowry Prohibition Act, 1961 and there are also certain rules
provided by the Law to avoid such offences through which an aggrieved party can relived
by committing such type of offences.
DOWRY DEATH:
1. Whether the dowry death is a punishable offence or not?

Section (304) – B of Indian Penal Code, 1860 Dowry Death7:

Indian penal code defines Dowry Death as “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”. One of the important ingredients to attract the
provision of dowry death is that the death of the bride must relate to the cruelty or
harassment on account of demand for dowry. The word ‘cruelty’ has not been defined
under Section 304 – B of IPC, 1860 for that purpose Section 498 – A of IPC, 1860 must
be referred. However, under explanation of Section 113-B of the Evidence Act, by which
Presumption of Dowry can be drawn, it has been provided that ‘cruelty’ shall have the
same meaning as in section 498-A of the Indian Penal Code. As per requirement of clause
(b) appended to Section 498-A I.P.C. there should be a nexus between harassment and any
unlawful demand for dowry.
Essentials of Dowry Death Section 304 – B of IPC8, 1860:

To invoke Section 304B9 of the Indian Penal Code the following ingredients are essential:
“The death of a woman should be caused by burns or bodily injury or otherwise than under
normal circumstances.” This was discussed in the case of Akula Ravinder V. State of AP10.

7
Indian Penal Code, 1860
8
Ratanlal and dhirjlal, Indian Penal Code, 1860 (616,619) Lexis Nexis, Nagpur 33 rd Edition, 2012
9
Ratanlal and dhirjlal, Indian Penal Code, 1860 (616,617,618) Lexis Nexis, Nagpur 33rd Edition, 2012
10
AIR 1991 SC 1142

9
1. “Such a death should have occurred within seven years of her marriage.” This was
discussed in the case of Arbind Kumar Ambasta V. State of Jhharkand11.
2. “She must have been subjected to cruelty or harassment by her husband or any relative
of her husband.”
3. “Such cruelty or harassment should be for or in connection with the demand of dowry.”
This was decided in the case of G. A. Mohd. Moideen V. State of TN12.
4. “Such cruelty or harassment is shown to have been meted out to the woman soon before
her death.”
In the case of Smt Shanti and Anr. vs. State of Haryana13 (AIR 1991 SC 1226). The SC
had explained all the essentials in detailed therefore a careful analysis of Section 304 – B
shows that all the above-mentioned essentials are required.
PUNISHMENTS14:
Indian Penal Code, 1860 reads as ‘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’.
Punishment which is classified:
Cognizable, Non- Bailable and triable by the Court of Session – Non – Compoundable.

Presumption as to Dowry Death15:

Dowry Death in the code stated that Ratanlal and Dhirajlal stated that ‘When the question
is whether a person has committed the dowry death of a women 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’.
In the case of State of Punjab v. Iqbal Singh16 “The Supreme Court clarified the position
as to why the necessity to introduce Section 113-B in the Indian Evidence Act was felt –
The legislative intent is clear to curb the menace of dowry deaths, etc. with a firm hand. It

11
(2002) Cr LJ 3973 (Jhar)
12
(2000) Cr LJ 4355 (Mad)
13
AIR 1991 SC 1226
14
Indian Penal Code, 1860
15
Ratanlal and dhirjlal, Indian Penal Code, 1860 Lexis Nexis, Nagpur 33rd Edition, 2012
16
AIR 1991 SC 1532

10
must be remembered that since crimes are generally committed in privacy of residential
houses and in secrecy, independent and direct evidence is not easy to get. That is why the
legislature has by introducing Section 113-B in the Evidence Act tried to strengthen the
prosecution hands by permitting a presumption to be raised if certain foundation facts are
established and the unfortunate event has taken place within seven years of marriage. This
period of seven years is considered to be the turbulent one after which the legislature
assumes that the couple would have settled down in life. When the question at issue is
whether a person is guilty of dowry death of a woman and the evidence discloses that
immediately before her death she was subjected by such person to cruelty and/or
harassment for, or in connection with, any demand for dowry.
Section 113-B, Evidence Act provides that the court shall presume that such person had
caused the dowry death. A conjoint reading of Section 113-B of the Act and 304-B I.P.C.
shows that there must be material to show that soon before her death the victim was
subjected to cruelty or harassment. Prosecution has to rule out the possibility of a natural
or accidental death so as to bring it within the purview of the ‘death occurring otherwise
than in normal circumstances. ‘Soon before’ is a relative term and it would depend upon
circumstances of each case and no straitjacket formula can be laid down as to what would
constitute a period soon before the occurrence. There must be existence of a proximate and
live link between the effect of cruelty based on dowry demand and the concerned death”.

Dowry Prohibition Act, 196117:

2. Whether are there any penalties for taking or giving dowry?

Definition of `dowry’:
In this act, “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 parents 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

17
Hemendranath Reddy and Manohar Gogia, Marriage and Divorce Law, (354, 355 356, 359, 378) ALT,
Hyderabad 6th Edition, 2013.

11
with the marriage of said parties but does not include dower or mahr in the case of persons
to whom the Muslim Personal Law (Shariat) applies”.
The Supreme Court in the case of State of Himachal Pradesh v. Nikku Ram18 Interestingly
the judgment started off with the words ‘Dowry, dowry and dowry’. The Supreme Court
“went on to explain why it has mentioned the words ‘dowry’ thrice. This is because demand
for dowry is made on three occasions:
(i) Before marriage;
(ii) At the time of marriage; and
(iii) After the marriage.
The Supreme Court has explained in this case that though the definition of ‘dowry’ is stated
as ‘property or valuable security given or agreed to be given…’ demands made after
marriage could also be a part of the consideration because an implied agreement has to be
read to give property or valuable securities, even if asked after the marriage as a part of
consideration for the marriage when the Dowry Prohibition Act 1961 was enacted, the
legislature was well aware of the fact that demands for dowry are made and indeed very
often even after the marriage has been solemnized and this demand is founded on the
factum of marriage alone. Such demands, therefore, would also be in consideration for
marriage”.
3. Whether the gifts before or after the marriage or at the time of marriage come
with in the purview of the definition of the Dowry? And if not are there any
limitations on the quantity and kinds of the gifts. Whether the quantity and kinds
depend upon the financial status and financial resources of the family?
The definition of Dowry has wide connotations as it means property and valuables security
as defined in Section 30 of IPC includes ‘property or valuables security agreed to be given
either directly or indirectly. However, certain presents can be given to the bride and the
bridegroom. However, to prevent the parties from circumventing the law. Rule 3 is
incorporated in the Dowry Prohibition Rules, 1998. The said rule postulates that the lists
prepared shall contain the particulars of presents with description and approximate value
and the name of the person by whom the present is received and his/her relationship to the
bride/ bridegroom and also the thumb impression/signature of the bride/bridegroom. As

18
(1995)Cri LJ 4184 (SC)

12
per this rule the price each present shall not exceed Rs. 200 and the presents of both the
bride and bridegroom shall not exceed Rs. 75’.
However, it is pertinent to note the decision of the SC Satvir Singh and Ors. vs. State of
Punjab and Ors.19 Wherein it was held as follows:
“Thus, there are three occasions related to dowry. One is before the marriage, second is at
the time of marriage and the third is "at any time" after the marriage. 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. There can be many other instances for payment of money or giving
property as between the spouses. For example, some customary payments in connection
with birth of a child or other ceremonies are prevalent in different societies. Such payments
are not enveloped within the ambit of "dowry". Hence the dowry mentioned in Section
304B should be any property or valuable security given or agreed to be given in connection
with the marriage”. The above decision was followed in later decisions of the SC.

Dowry Prohibition Rules, 199820:

Under the Dowry Prohibition Rules, 1998 Stridhan means the presents made or given to
newly wedded bride. Stridhan does not come under the purview of Dowry Prohibition Act,
1961. List of Presents given to the bride shall be maintained by the bride and list of the
presents given to the bridegroom are maintained by the bridegroom. No person shall give
or abet the giving or taking Dowry. Deny Conjugal Rights on the ground that Dowry has
not been given or the given Dowry is insufficient. Every complaint under these rules shall
be made by the person themselves or another person on behalf of them. Any complaint
shall be made either on the demand of dowry or accepting dowry within a period of one
year. Any complaint beyond this period shall not entertain.

19
AIR 2001 SC 2828
20
Hemendranath Reddy and Manohar Gogia, Marriage and Divorce Law, (389-393) ALT, Hyderabad 6th
Edition, 2013.

13
Powers and functions of Dowry Prohibition officers appointed under the rules:
Government shall have power to appoint either Revenue Divisional Officer or Sub
Collector and they are conferred with the powers to register cases examine the witness
investigate cognizable offences arrest if a prima facie case is made out power to send the
accused to remand within twenty-four hours. All the civil cases under the act shall be dealt
with the dowry prohibition officers. All criminal matters shall be dealt by the police
department.
3. The views of Hon’ble Supreme Court on Section 304-B of the Indian Penal Code,
1860.

1. Uday Chakraborty and Ors. v. State of West Bengal21

In the present case the ‘Trial Court convicted all the five accused persons i.e. the husband
and other in-laws for an offence punishable under Sections 304B/498A of the Indian Penal
Code (hereinafter referred to as ‘IPC’) and sentenced them for 7 years rigorous
imprisonment. No separate sentence was awarded under Section 498A of IPC on the
ground that the accused persons were awarded sentence for the substantive offence of
murder under Section 304B of IPC. Finally, the Court dismissed the appeal and held that
offence under Sections 304B read with 498A of IPC was made out and had been proved
by prosecution beyond any reasonable doubt. The Court stated that execution of the
“Chuktiparta” itself demonstrate that there was a clear intention on the part of the
appellants to take dowry in and as consideration for marriage. Gifts were given at the time
of marriage and some items were also agreed to be given subsequent to the marriage. This
itself would be an appropriate fact to be taken into consideration and is, in any case,
completely in line with the case of the prosecution. The Court observed that the expression
‘soon before her death’ has to be given its due meaning as the legislature has not specified
any time which would be the period prior to death, that would attract the provisions of
Section 304B of IPC. The concept of reasonable time would be applicable, which would
primarily depend upon the facts of a given case, the conduct of the parties and the impact
of cruelty and harassment inflicted upon the deceased in relation to demand of dowry to
the cause of unnatural death of the deceased. In our considered view, the marriage itself

21
AIR 2010 SC 3506

14
has not survived even for a period of two years; the entire period would be a relevant factor
in determining such an issue’.
Therefore, considering the above the Hon’ble Suprem Court held that “The minimum
sentence provided under law for an offence under Section 304B of IPC is 7seven years of
rigorous imprisonment and that is the sentenced awarded by the High Court. Thus, the
question of accepting this contention, raised before this Court, does not arise even for
consideration. For the above-mentioned reasons, we find no merit in the appeal and hence,
the appeal is dismissed.”

2. Baijnath and Ors. V. State of Madhya Pradesh22

‘A two-judge bench of the Supreme Court has reiterated that one of the essential
ingredients of dowry death under Section 304B of the Penal Code is that the accused must
have subjected the woman to cruelty in connection with demand for dowry soon before her
death and that this ingredient has to be proved by the prosecution beyond reasonable doubt
and only then the court will presume that the accused has committed the offence of dowry
death under Section 113B of the Indian Evidence Act.
A bench comprising Justice Dipak Misra and Justice Amitava Roy acquitted accused in-
laws in a dowry death case, holding that the prosecution failed to prove this indispensable
component of Sections 304B and 498A of the Penal Code beyond reasonable doubt.
The court also held that the factum of unnatural death in the matrimonial home and that
too within seven years of marriage, therefore, is thus ipso facto not sufficient to bring home
the charge under Sections 304B and 498A of the Code against them’.

3. Singh @ Partap v. State of Haryana23

Hon’ble Supreme Court in the Case of Sher Singh @ Partap v. State of Haryana held that
“Dowry Death: Prosecution has to prove the ingredients only by standard of preponderance
of probabilities but Accused has to discharge his burden by proving his defense beyond
reasonable doubt”

22
AIR 2016 SC 5313)
23
AIR 2015 SC 980

15
Research Methodology:

Generally, there are two ways in which the research study is carried out. They are:
 Doctrinal Research
 Non- Doctrinal Research
 This study has been carried out by following Doctrinal Research Methodology has
been followed by for analyzing the Offence of Dowry Death with legal concepts
and case laws and statutes. The Doctrinal research has aspects of both quantitative
and qualitative methodologies within it. Doctrinal method is normally a two-part
process, because it involves:
 First part of doctrinal methodology:
Locate the Sources of Law and to Frame the Research Questions
 Second Part of the Methodology:
Substantiate the Research Questions
The above-mentioned methodology had been adopted in this study i.e. to locate the Sources
of the Law i.e. finding the issues and framing the questions and then Interpreting and
Analyzing them. Once the documents are located and read, the application of such
techniques, along with a description of, for example, the use of deductive logic, inductive
reasoning and analogy where appropriate justifications for the questions and issues are
provided. In the later part the researcher concludes and each and every aspect of the study
is provided with footnotes and list of references.

16
CONCLUSION:
The concept of Dowry is followed as customary practice during the olden days before it
was included in the code as an Offence. And it is the only section in which intention or
knowledge is not criteria. The concept of Dowry in present day scenario is neither accepted
by the Law nor by the individuals in the society. For this concept the financial
position/status must be referred to.
To prevent committing of such offences there are certain guidelines provided in the Dowry
Prohibition Rules, 1998. In this study certain questions were raised regarding Dowry Death
and the same questions were answered with supportive case laws.
To conclude the meaning of Dowry Death can be understood as the death of a woman is
caused by any burns or bodily injury.
Under the (IPC) Indian Penal Code, 1860 the Dowry Death is an Offence. It is explained
under the Section 304 – B of the IPC where there are certain essentials which must be
satisfied to constitute such an offence. The concept has also been supported by the case
laws related to the topic.
The word ‘Dowry’ is mentioned in Dowry Prohibition Act, 1961 as per the act it is defined
as `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 parents 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.
The research methodology adopted has also been explained in detail and each topic has
been provided with references for the purpose of understanding.
Therefore, to conclude it can be said that Dowry Death is a punishable offence under the
Indian Penal Code and the laws provide for punishments for the persons involving in such
offences. The law also provides for the guidelines at the same time which are discussed
above.

17
 List of References
Books:
1. Ratanlal and Dhirajlal, Indian Penal Code, 1860, Lexis Nexis, Nagpur 33rd Edition,
2012.
2. P. S. A. Pillai, Criminal Law, Gogia Law House, Hyderabad, 7th Edition, 2010.
3. Hemendranath Reddy and Manohar Gogia, Marriage and Divorce Law, ALT,
Hyderabad 6th Edition, 2013.
Statues:
1. Indian Penal Code, 1860
2. Dowry Prohibition Act, 1961

Articles:
1. Kudrat, A Critical Overview of Offences Against Women Under Indian Penal Code,
Amity Law School, Delhi.
2. Pragnesh Parmar, Dowry Death and Law – Indian Scenario, International Archives of
Integrated Medicine, Vol.1, Issue. 2.

Websites:
1. http://shodhganga.inflibnet.ac.in/bitstream/10603/132584/10/10_chapter 4.pdf
2. http://www.yourarticlelibrary.com/essay/dowry-deaths-essay-on-dowry-deaths-in-
india/32969
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4394358/
4. https://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=9a6063d0-e59f-
42f7-a8e8-
5. 7aa6baef35bb&txtsearch=Subject: %20Women%20And%20Child%20Rights
6. http://wcd.nic.in/act/dowry-prohibition-act-1961

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