Question

Section 304-B (1) of the Indian Penal Code, 1860 (IPC) defines ‘dowry death’ of a woman. It provides that ‘dowry death’ is where death of a woman is caused by burning or bodily injuries or occurs otherwise than under normal circumstances, within seven years of 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, in connection with demand for dowry. Further, Section 304-B (2) of IPC provides punishment for the aforesaid offence. The Supreme Court of India summarized the law under Section 304-B of IPC and Section 113B of the Indian Evidence Act, 1872 (IEA) as under:
(i) Section 304-B of IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand;
(ii) The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304-B of IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B of IEA operates against the accused;
(iii) The phrase ‘soon before’ as appearing in Section 304-B of IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of ‘proximate and live link’ between the cruelty or harassment for dowry demand by the husband or his relatives and the consequential death of the victim