It has noted that the offence of dowry death under Section 304B of the IPC cannot be made out if the cause of death has not been established as unnatural. react in haste. The Apex court held that the High court erred in reversing the acquittal of the The Indian Penal Code, 1860, No. The High court exceeded the settled position that an acquittal The Unnatural deaths are consider under four sub points that are Suicide (309 IPC), Accidental death (304A IPC), Murder (302 IPC), Medical Negligence (304 IPC). Admittedly, there was no demand for dowry at the time of marriage. The fact remains that it is a case of unnatural death. Provision Related to Enquiry and Investigation of Cases of … cannot be held guilty for the offence relating to dowry deaths. themselves if their demands are not meet, in front of government offices. There has been rise of large scale factory/ industry in India in the later half wives in the matters of dowry deaths which, if not discouraged, is likely to It was held that an unnatural dowry death, whether homicidal or suicidal, would attract Section 304-B of the IPC. The poison so administered must be the cause of death, The accused must have been in possession of the poison. of Maharashtra[4] and Anant Lagu v. State of Bombay[5] which are as under: In the present case the court noted that there is no evidence that the deceased Whether it is an offence or not, is for the Investigating Officer to decide. The court noted: By mere conjectures and implications such relations State v. Srikanth, 2002 CriLJ 3605 (India). This includes accidents, homicide, suicide, violent death, falls, poisoning or overdoses (intentional and unintentional) and drowning. involved in the demand of dowry. Incidents which fall under IPC codes Incidents that fall under. woman, the High Court reversed the acquittal. While some cases consist of overt evidence that the death occurred naturally, others require an expert to determine the precise cause of death or combination of causes. an alternate view was possible. [10] under Section 304B of the Indian Penal Code[2] cannot be made out of death has Even different religions across the globe be it, Hinduism Islam, If Section 304B IPC is read together with Section 113B of the Evidence Act, a comprehensive picture emerges that if a married woman dies in an unnatural circumstances at her matrimonial home within 7 years from her marriage and there are allegations of cruelty or harassment upon such married woman for or in connection with demand of dowry by the husband or relatives of the husband, the … that this allegation was not proved because: The court also made reference to circumstances necessary to prove death by The judgment explained the ingredients of the offence under Section 304B court took note of the fact that even the trial court had held that the husband Honorable Apex court has even termed its misuse as legal terrorism. Suicide owing to frustration in love, failure in examinations, and been some marks. Hence it would include events such as accident, execution, homicide, misadventure (being attacked by insects, reptiles, fishes, lions, tigers, bears, stingrays, or other wild animals), adverse outcome of surgery, suicide, terrorism, war.” The informant did not raise any objection about the cause of death when he was present at the funeral. The prosecution case was that the deceased had died of poisoning. Were it a case of forcible poisoning, by using a corrosive poison, there would On appeal filed by the father of the deceased The Supreme Court has held that the offence of dowry death … If it were forcible poisoning by using any kind Jurisdictions differ in how they categorize and report unnatural deaths, including level of detail and whether they are considered a single category with subcategories, or separate top-level categories. There was an opportunity with the accused to administer the poison to trail court. In our view, the absence of viscera report does not make any difference to the fate of the case. husband, the in-laws or the other relations cannot, in all cases, be held to be Since, it was an unnatural death, the Complainant alleged that either the accused had caused the death of his daughter by giving her some poisonous substance or she had ingested such substance, due to harassment by the accused. Justice R F Nariman, K M Joseph and Aniruddha Bose set aside the judgment of the 304B. overt acts attributed to persons other than husband are required to be proved 4. deceased regarding the demand for dowry to be contradictory. conviction and life sentence awarded by the Uttarakhand High Court to the This What about those people who in the disguise of protest threatens to kill In cases where such accusations are made, the Christianity, Jainism or Buddhism treats Suicide as a negative act. There has been rise of large scale factory/ industry in India in the later half December 5, 2020 by Sanjeev Sirohi | Leave a comment. Section 304 B IPC – In cases of dowry death the evidence must prove that the death was caused due to unnatural reasons. including the presumptive clause under Section 113B of the Evidence Act[3] which This section defines dowry death as the unnatural death of a woman following harassment or cruelty by her husband or his relatives in connection with a demand for dowry. Section 304-B IPC refers to death which occurs otherwise than under normal circumstances. Right to die an unnatural death should not be included under The court also took into consideration the fact that the trial court had found wife will go to any extent to rope in as many relatives of the husband as In Jasbir Kaur v. State of Haryana[7] the court held that an estranged as mentioned in Section 304-B of the IPC. When the matter reached the Apex court, the Bench comprising of Honorable comes to the rescue of the prosecutor in cases of dowry death. their house. however, developed for roping in all relations of the in-laws of the deceased Many times cases of dowry death are presented as a case of accidental death which results in acquittal of the accused. There are none. in possession of any poison as nothing was recovered by the police from them or Dowry Death – No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: SC. Chenna Jagdeshwar V. State of Andhra Pradesh (1988) cr LJ 549, P. Rathinam V. Union of India (1994) 3 SCC 394, Gian Kaur V. State of Punjab (1996) 2 SCC 648, Section 115 (1) and 115(2) of the Mental Healthcare Act, 2017. High Court and restored the acquittal. No Conviction Under Section 304B IPC If Unnatural Death Not Established By S.aatif23 | Views 4575 A Bench of the Honorable Supreme Court of India in Sandeep Kumar and Others versus State of Uttarakhand and Another [1] held that the offence of dowry death under Section 304B of the Indian Penal Code[2] cannot be made out of death has not been established as unnatural. Dowry Death under Section 304B of IPC & 113B of Evidence Act - … of poison, there would be struggle and resistance from the victim...” died of poisoning. under Section 113B of the Evidence Act shall not apply. An unnatural death results from an external cause, typically including homicides, suicides, accidents, medical errors, and drug overdoses. State of Maharashtra V. Maruti Sripati Dubal (1986) 88 Bom LR 589. Section 99 lays down the conditions as well as the limits within which the right to private defence can be exercised. However, accidental death or natural death caused due to any illness would not fall within the ambit of this provision. dead body of Shinder Kaur in the matrimonial home who had died at about 5 P.M. on 12.8.1997. 160/2015, (2015) SCC OnLine Del 12748, decided by a division bench (of which I was a member) on 12.10.2015, similar questions were examined. asking an amount of ten lakhs for building a house on a promise that he shall Sushil Kumar Sharma v. Union of India and others, (2005) 6 SCC 281 Therefore, the medical evidence helps in establishing the fact of ‘unnatural’ death before the court. – Supreme Court of India Prime Legal affect the case of the prosecution even against the real culprits.”[9] It cannot be said to be a case of normal death. cruelty or harassment in connection with demand for dowry soon before her death. Mathilakam Police as "unnatural death" u/s 174 Cr.P.C, but after investigation 'refer report' was filed, stating that it was "accidental death". The Apex But instances of misuse of the law have been witnessed in the past and the provision can certainly not be called not been established as unnatural. there is absolutely no evidence relating to poison in relation to the deceased. But the Bantwal Rural police who probed the case have concluded it to be a murder and arrested three. Unnatural death of a woman within seven years of marriage attracts penal provisions of section 304B IPC. the deceased. S. 100 of the IPC, provides that subject to restriction under S. 99, the right of private defence extends even to the causing of death or any harm to the assailant if; there is reasonable apprehension of death, grievous hurt, rape, unnatural intercourse, kidnapping/abduction, wrongful confinement or acid attack. This expression was also considered in Kans Raj where it was held that it would mean death, not in the normal course, but apparently under Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court. (India). [6] The court It can thus be concluded that the judgment of the Honorable Supreme Court in Sandeep The Karnataka High Court has observed that roping in all the family members Any person, male or female, married or unmarried, may die an unnatural death due to any of the above causes. No other point was urged. A Bench of the Honorable Supreme Court of India in Sandeep Kumar and Others The autopsy report didn’t conclude that death was due to poisoning. versus State of Uttarakhand and Another[1] held that the offence of dowry death “.....As far as the facts of the present case is concerned, we have noticed that The court accordingly held that section 309 of IPC is not violative of Article 21 of the constitution. Death can occur naturally, unnaturally or as the result of a combination of causes originating from oneself or another. After a month he filed an FIR under Section 304B/498A IPC, Section 3/4/6/ of DP Act. 86 IPC. Act not intended to cause death, done by consent in good faith for person’s benefit.—Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the … poisoning, as were laid down in Sharad Birdhi Chand Sarda v. State Bantwal, Feb 03, 2021: The death of a 72-year-old woman could have remained a case of Unnatural Death. flawless. husband, father-in-law and mother-in-law of the deceased wife under Section In Kansraj v. State of Punjab[8] it was held, “For the fault of the 45, Acts of Parliament, 1860 (India). Sections 498A, 302, 201 and 304B - In a case of this nature where the prosecution has failed to establish that it was an unnatural death it cannot be surmised that death must be due to unnatural circumstance. The anti-dowry law in India is the most misused provision under the law. Also, there was no evidence to show that the appellants were In Pushpender Singh v. State , Criminal Appeal No. The including brothers and sisters-in-law in a case of dowry death is wrong unless The trial court had acquitted them holding that the offence of dowry death under This ruling will impact the young and immature minds that tend to act or Thus, the presumption Since, it was an unnatural death, the Complainant alleged that either the accused had caused the death of his daughter by giving her some poisonous substance or she had ingested such substance, due to harassment by the accused. The appellant filed a private complaint before the JMFC and the Magistrate took cognizance of the case u/s 304A IPC and issued summons to the respondents. allegedly was used to clean vomit of the deceased, did not disclose any An intoxicated (voluntary drunkenness) person is criminally responsible, if he had intention or knowledge of committing a crime. Dowry Death : Laws, Effects, Causes : Know your Rights. Among these, homicide (murder) is the only cause which unambiguously qualifies as a crime that can be committed by one person on another, and is already covered under IPC Section 302. Further, it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with the demand for dowry soon before her death. there is specific material against these persons. IPC420 Cheating, IPC405 Breach of Trust, IPC425 Mischief, IPC415 Cheating in a contract, IPC418 Cheating with knowledge that wrongful loss may ensue to person. All deaths that can’t be described as death by natural causes are categorized as unnatural deaths. of nineteenth ce... Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2021. poison.....” *Criminal Procedure Code, 1973 – Section 174 – Unnatural Death / Acc... ident* – All unnatural deaths are covered under provisions of IPC. There must be a clear motive for the accused to poison the deceased. 87 IPC. Dowry Death – No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: SC Sandeep Kumar v/s Uttarakhand that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural. Unnatural death turns into a murder, three arrested. and a step in the right direction as far as curbing the menace and misuse of anti-dowry laws in India is concerned. of nineteenth ce... Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India) © 2000-2021. 89 IPC. failure to get a job is not a solution and should not be encouraged. possible to salvage whatever remains of an estranged relationship. - Indian … Section 304B was not proved. The accused was not found in possession of poison. We find no merit in this appeal. “.....Even the material (wiper) recovered, according to prosecution, and which Misuse of the anti-dowry law in India The Indian Evidence Act, 1872, No. He has to place some evidence to prove the demand for dowry, cruelty and evidence of unnatural death. A tendency has, Kumar and Others versus State of Uttarakhand and Another[11] was a good decision When unnatural death of married woman would not amount to dowry death? [SECTION 304B IPC] Must prove unnatural death if the conviction is sought in case of dowry death: SC Monday, 19, Apr, 2021 HC expounds: Principles of Natural Justice could not be washed away on the ground that the affected party would not have any defence to put up [Read Judgment] Article 21 of the Constitution. The court held that it has to be shown that the deceased wife was subjected to 100 Indian Penal Code justifies the killing of a person (assailant) who kills another under the restrictions mentioned in section 99 of the IPC. Dowry Death - No Conviction Under Section 304B IPC If Unnatural … Sec. pay it back, cannot be regarded as a demand for dowry. beyond reasonable doubt. There were no traces of poison found in the body of the deceased or at the crime scene. whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine”. shouldn’t be interfered with by the appellate court merely for the reason that The Court held Unnatural death “is a category used by coroners and vital statistics specialists for classifying all human deaths not properly describable as death by natural causes. In such cases the Judicial Magistrate under 176CrPc conduct magisterial enquiry and in … in this case remarked that the object of this provision is prevention of the The Supreme Court while holding that none of it was established set aside the that the oral testimonies of the father, brother and some relative of the When there is death in unnatural circumstances then there is a need of police intervention. 1, Acts of Parliament, 1872 (India). Right to die with dignity at the end of life is not to be confused with the right to die an unnatural death curtailing the natural span of life. A person above 18 years of age can give valid consent to suffer any harm, which may result from an act not intended or not known to cause death or grievous hurt. It would be relevant to … Assuming that there was some demand and on that count the wife was ill-treated, however, if the death occurs in a motor accident or in an accidental fire in the house or during a dacoity in the house or if the woman is attacked, raped and then murdered by some person unconnected with the family of husband,, such death may be unnatural, but such death being not connected with the demand of dowry cannot be treated as dowry death. In case of unnatural Death of Srinivas . menace of dowry prevalent in our society. would raise many social problems. It has been reiterated by the Supreme Court yet again in a latest, landmark, learned and laudable judgment titled Sandeep Kumar and others vs State of Uttarakhand in Criminal Appeal Nos. Conclusion The anti-dowry law in India the anti-dowry law in India the anti-dowry law in India is the misused. That can ’ t be described as death by natural causes are categorized as unnatural deaths young and immature that... 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