Only 18% dowry death cases end in conviction: data

Section 304b Indian penal code – Dowry Death

304B. Dowry death.--(1) 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).

(2) 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.

Only 18% dowry death cases end in conviction: data

Statistics available with the Delhi Police reveal that only 18 per cent cases registered under dowry death charges end up in conviction.

Around four years ago, the Delhi Police had issued a circular that no arrests would be made in cases of dowry harassment without the prior permission of the deputy commissioner of police. This was done after the courts issued strict guidelines against the misuse of dowry harassment laws.

According to the data available for the years 2008, 2009 and 2010, as many as 413 cases were registered under Section 304B of the Indian penal code- dowry deaths  in Delhi.

However, when the cases came up for trial in the courts, only 75 cases ended in a conviction. Police said it was not necessary that the other cases would have ended in an acquittal, as they might have gone for appeals in a higher court.

The data was provided by the Ministry of Home Affairs in the Lok Sabha.

Earlier, police used to arrest all men and women ( in laws) of the diseased, even on the mere mention of their names in the First Information Report (FIR).

“From the allegations set out in the FIR and other subsequent allegations or material collected during investigation, if necessary only the prime/main accused, whose primary role in the commission of the offence has been established, should be arrested and that too after the  written approval of the DCP. The arrest of the accused should be an exception not a rule,” an order issued by the then police chief.

Delhi High Court in an order had said that dowry harassment was a much abused section and was exploited by police and relatives of victims to the level of absurdity.

Deliberate Delay in Filing an FIR Can Be Seen as Abuse of Court Process: SUPREME COURT

304b

Section 304B of Indian penal code-dowry death

Section 304b ipc now days are used as legal weapon (lethal too). Section is good if used correctly, but now days if a woman dies within 7 years of marriage fate of her in laws are jeopardized with this section 304b irrespective of involvement. As this section is very very hard to cope with, it is necessary to deal this section very carefully.

Deliberate Delay in Filing an FIR Can Be Seen as Abuse of Court Process: SUPREME COURT

Relevant paragraph of the judgment that shows that a delay in filing an FIR can be seen as an abuse of court process is as under

9. Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal. In such case of delay, it also cannot be presumed that the allegations were an afterthought or had given a coloured version of events. The court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law. 

Late filed FIR in cases under section 304b can be fatal for prosecution at the same time defence can take advantage of this.

FIR filed 1 month after incident is too late: Supreme court

Section 304B of indian penal code-dowry death

First we should be aware of what is section 304b under indian penal code.   Section 304b ipc deals with death of a woman with in 7 years of marriage and if death is unnatural (burn or any other body injury).

I wish to provide help to those who are falsly implicated under section 304B ipc.

I will try to provide some material one by one in this regard. first one is as follows

FIR filed 1 month after incident is too late: Apex court

Convicting a person on basis of belated FIR dangerous: SC; New Delhi | Saturday, Nov 8 2008 IST

In a significant ruling, the Supreme court has held that it is unsafe to convict a person on the basis of an FIR lodged belatedly without explaining the delay. A bench comprising Justices C K Thakker and D K Jain upheld the judgement of the Andhra Pradesh High Court dated April 12, 2006, acquitting her husband in a case of dowry  harassment (304b).

The apex court observed, ”We are convinced that in the light of the overall evidence analysed by the High Court, the order of the acquittal of the respondent is well merited and does not call for interference, particularly when the FIR was lodged by the complainant more than one month after the alleged incident of forcible poisoning.” ”Time and again, the object and importance of prompt lodging of FIR has been highlighted. Delay in lodging the report more often than not, results in embellishment and exaggeration, which is a creature of an afterthought,” the apex court noted.

”A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serios doubt on its veracity,” it said. ”Therefore, it is essential that the delay in lodging the report should be satisfactorily explained,” the court added. In the present case, three members of in-laws’ family were acquiitted by the trial court but husband M Madhusudan Rao was sentenced to one-year imprisonment with a fine of Rs 8000. The High Court, however, acquitted the husband also. The SC dismised the appeal of the AP government.

 judgement of the apex court on this case of 304b can be found at Supreme Court of India

State Of A.P. vs M. Madhusudhan Rao on 24 October, 2008

The above mentioned case under section 304b was not found genuine at the court of law.