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.
Misuse
of 304 B dowry death - Mentality of girls parents, reasons of unnatural death
suicidal tendendies - Delhi High Court
In
an order under section 304b Indian penal code Delhi High Court observed the
mentality of girls (deceased) parents. According to High Court’s observation, parents
of deceased wants, whatever be the cause of death, the in-laws must be hanged. The
paragraphs of relevance are as under
5. This case is a
reflection of mentality which is now taking grip of parents of a deceased
wife in the criminal cases. Whenever a woman dies an unnatural death within
seven years of her marriage at in-laws’ house, whatever be the cause of
death, the in-laws must be hanged. This case also shows how truth is
losing significance because of the ego of the litigants to see that in-laws
should be hanged.
6. Suicide is a known
phenomenon of human nature. Suicides are committed by living human beings for
various reasons, some are not able to bear the normal stresses which are common
in life. Some are not able to cope up with the circumstances in which they are
placed. Some commit suicide because of frustration of not achieving the desired
goals. There are many cases where students commit suicide because
they failed to achieve certain percentage of marks. Some commit suicide because
they are not able to retain top position, some commit suicide because they are
not able to cope with the demands of life. Some commit suicide because they
suffer sudden loss, some commit suicide out of fear of being caught. There are
various reasons for which suicides are committed by men and women. All suicides
are unnatural deaths. Suicide is a complex phenomenon. One, who commits
suicide, is not alive to disclose as to what was going on in his or her mind
when he or she committed suicide. There is no presumption that every suicide
committed by a married woman in her in-laws’ house or at her parents’ house has
to be because she was suffering harassment at the hands of her husband or her in-laws.
Ref: Crl. Rev. P. No.555/2003 Narender
Singh Arora v State (Govt. of NCT of Delhi) & Ors. (under
section 304b ipc)
