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.