top of page
Question Bank
Question
What are the essential prerequisites that must be established by the prosecution before the statutory presumption under Section 113B of the Indian Evidence Act can be invoked in a case of alleged dowry death?
Solution
The statutory presumption under Section 113B of the Indian Evidence Act is a powerful legal tool but is not automatic. It can only be invoked once the prosecution successfully discharges its initial, foundational burden. This burden requires the prosecution to prove by direct, cogent, and convincing evidence that soon before her death, the deceased woman was subjected to cruelty or harassment by the accused. Crucially, this mistreatment must be for, or in connection with, any demand for dowry. Only upon such credible proof of the essential ingredients does the presumption that the accused caused the dowry death become activated. The presumption is intended to supplement the proof, not to substitute for a failure to establish the basic facts of cruelty and dowry demand.
Question
How is the term "dowry" legally defined for the purposes of offenses under Sections 304-B and 498-A of the Indian Penal Code (IPC)?
Solution
For the specific purposes of Sections 304-B (Dowry Death) and 498-A (Cruelty by husband or his relatives) of the IPC, the expression "dowry" does not have an independent definition. The law mandates that it shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961. This statutory linkage ensures uniformity in interpretation. Under this definition, dowry refers to any property or valuable security given or agreed to be given, directly or indirectly, in connection with a marriage. The key elements are the nexus to the marriage and the nature of the transaction as a demand for property or security, which forms the gravamen (core) of the related offenses when linked to cruelty or harassment.
Question
Explain the three essential ingredients that must be conclusively proven to establish an offense under Section 304-B of the Indian Penal Code (Dowry Death).?
Solution
To secure a conviction under Section 304-B of the IPC for Dowry Death, the prosecution must prove the following three cumulative ingredients beyond reasonable doubt: (i) The death of a woman must be caused by burns or bodily injury, or occur otherwise than under normal circumstances (i.e., an unnatural death). (ii) Such death must occur within seven years of her marriage. (iii) It must be shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband. This cruelty or harassment must be for, or in connection with, any demand for dowry. The phrase "soon before her death" implies a reasonable contiguity or proximity in time between the cruelty related to the dowry demand and the woman's death.
Question
What constitutes "cruelty" as defined under the Explanation to Section 498-A of the Indian Penal Code?
Solution
Section 498-A of the IPC criminalizes subjecting a married woman to cruelty. The Explanation to this section provides a specific, two-pronged legal definition of "cruelty". First, it includes any wilful conduct of such a nature that it is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb, or health (whether mental or physical). Second, it encompasses harassment of the woman. This harassment is specifically defined as being with a view to coercing her or any person related to her to meet an unlawful demand for any property or valuable security, or harassment on account of the failure to meet such a demand. This second limb directly ties the concept of cruelty to the demand for dowry or other property.
Question
What is the nature of the prosecution's burden of proof regarding the allegation of cruelty before it can seek to rely on the presumption under Section 113B of the Indian Evidence Act?
Solution
The prosecution bears a strict and primary burden of proof. It must unassailably substantiate the core allegation of cruelty or harassment in connection with a dowry demand through direct, coherent, and persuasive evidence. Proof of such cruelty or harassment is the sine qua non (an indispensable condition) to trigger the statutory presumption of dowry death under Section 113B. The presumption is designed to relieve the prosecution from proving the inaccessible recesses of matrimonial life, but it cannot be used to gloss over or condone a failure to prove the foundational facts. If the prosecution fails to credibly demonstrate this crucial ingredient, the accused cannot be held guilty merely by taking refuge under the presumption to cover up a shortfall in proof. The presumption operates in aid of a successful prosecution, not as a substitute for it.
bottom of page