What is Section 304B IPC? Dowry death
Published on: Lawiz Team
Learn about Section 304B IPC: Dowry death
Official Legal Text
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.
Explanation: For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
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.
What This IPC Section Means – Explained in Simple Words
Section 304B deals with the punishment for dowry death, which is the death of a woman caused by burns, bodily injury, or other unnatural circumstances within seven years of marriage, and related to dowry harassment.
Purpose
To protect women from dowry-related harassment and deaths.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for a minimum of 7 years, which may extend to life imprisonment.
Scope and Application
Applies to deaths of women caused within seven years of marriage due to cruelty or harassment for dowry.
Important Legal Points
The burden of proof shifts to the husband and his relatives once dowry harassment is proven.
Illustrative Example
If a woman dies of burns within three years of marriage after continuous dowry harassment, it is considered dowry death under Section 304B.
Exceptions and Special Cases
If the death is proven to be due to natural causes or accidents, Section 304B does not apply.
Punishment Details
Imprisonment of not less than seven years, but which may extend to life imprisonment.
FAQs
What does Section 304B IPC define?
Dowry death.
How is 'Dowry death' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 304B IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 304B?
Examples include real-life cases involving dowry death.
Is Section 304B used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 304B IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 304B significant?
It holds importance in the framework of criminal law.