AMITY LAW SCHOOL

Imperial Research Project

Topic Dowry System in India

Submitted To :-

Submitted by:-

Dr. Ajay Bhatt

Kimmi Ahuja

Professor in ALS

LLM
1st Semester

AMITY UNIVERSITY HARYANA

Acknowledgement

This research would not have been possible unless Dr. Ajay Bhatt and Mr. Pranshul Phatak had
guided and motivated me. I am grateful to you sir for your proper guidance. I please to conduct
and owe my deepest gratitude and respect to you sir and it is an honor for me to complete my
research work under you surveillance and guidance. You have given to me new way of thinking
and new ideas.

TABLE OF CONTENTS

Chapter 1. Introduction of Dowry.

Chapter 2. History of Dowry System
Chapter 3. Causes of Dowry
Chapter 4. Effects of Dowry..
Chapter 5. Various acts related to Dowry..
Chapter 6. Cases related to Dowry.
Chapter 7. Conclusion & Suggestions..
Chapter 8. Bibliography.

Table of cases:-

Table of Statutes:-

Indian Penal Code, 1860

Evidence A
CRPC
Dowry Prohibition Act

Research Methodology

Sample: - For the present study the sample consisted of 20 respondents who were all students of
Amity University Panchagon district of Haryana State. The students are belonged to different
states and culture.
Tool:- A sample of questionnaire is developed for the collection of data related to major aspects
of abortion and their views personally.

The methodology adopted is doctrinal based on primary and secondary as well as web source.
Legal prepositions, case laws, Books, articles and other sources are being anaylised by
application of logic, ethics and requirements of the day. This has been an anaylatical and
descriptive study the conflicting trends therein.

CHAPTER 1

INTRODUCTION

This project report discussed about Dowry System, Dowry Act, Dowry Death Cases, Dowry
System India, Dowry Indian tradition, demand money gifts eve of wedding, Brides harassed
bring more dowry, Young girls commit suicide burnt by their in-laws, Dowry system prevalent
Indian society, sake of Dowry.
The modern definition of dowry: Dowry is the payment of cash or any other valuable gifts given
in demand to the bridegrooms family upon marriage.
The problem of dowry has risen from past so many years. In spite of the Laws that the
Government has laid down, no strong action is taken whenever a bride and her parents are
encircled with this demon.
A verbal contract is accepted. The grooms family keep demanding for all riches and wealth, and
the poor parents of the bride keep fulfilling , just for their daughters happy married life and not
to be missed the big society.
The origin of dowry system in India is not distinctly known. In the Vedic period, the family of
the bride would accept gifts and money from the grooms family. It was this system that led to
the present day dowry system in India.
Dowry is derived from the ancient Hindu customs of kanyadan and stridhan. In
vardakshina , the father of the bride presents cash or kind. All of these could be done
voluntarily and out of affection and love.
Satyamev Jayate1 dealt with the ill-effects of dowry in its third episode. You may say this topic
has been covered innumerable times but Aamir Khan does it in a surprisingly different, more
refreshing way. The horrifying images of women burnt over dowry that we expected are not
shown. Unlike the first two episodes, he keeps the shock value and tear jerking elements to the
minimum and chooses to deal with the topic through a positive approach. He shows that the
dowry system is prevalent across the nation (except north eastern states), social strata and
religion. The evil of dowry is all-pervasive, yet it is not impossible to fight it. Thats the message
he gives through the third episode of Satyamev Jayate.

Definition of Dowry

1 http://www.bollywoodlife.com/news-gossip/satyamev-jayate-episode-3-aamir-khan-exposes-

horror-of-dowry-death/

Oxford Dictionary Defines as

(1) Money and for property that, in some societies, a wife or her family must pay to her
husbanded when they get married.
(2)Money and or properly that, in some societies, a husband must pay to his wifes family when
they get married

The Prohibition of Dowry Act 1961 Defines Dowry as,

Any property or valuable security given, or offered to be given, either directly or indirectly (a)
by one party to a marriage to the other party to the marriage, or (b) by the parents of either party
to the marriage or by any other person to either party to the marriage as consideration for the
marriage of the said parties.

Dowry in the payment in cash or and kind by the brides family to the bridegrooms family along
with the giving away of the pride in Indian marriage. The Indian term for Dowry is called as
Kanyadaan it is an important part of Hindu marital rites. Kanya means daughter, and Dana means
gift. Dowry is derived from the ancient Hindu customs of Kanyadan and Sridhan. In
Kanyadan the father of the bride offers the father of the groom money or property, etc.
Whereas for Sridhan, the bride herself gets jewelry and cloths at the time of her marriage
usually from her relatives or friends.

Objectives of Study:-

The major objectives regarding my study are following:

To increase the level of Awareness about the dowry system among the
students of university.
To analyzing the factors and causes responsible for dowry as per the
opinion of the sample.
To aware about the dowry death in India as per the sample
questionnaire.
To getting views of students regarding level of legalization of dowry
system.
To aware about punishments under Dowry Prohibition Act and IPC.

CHAPTER 2

HISTORY OF DOWRY SYSTEM

Dowry is derived from the ancient Hindu customs of "kanyadan" and "stridhan". In "kanyadan",
the father of the bride offers the father of the groom money or property, etc. whereas for
"stridhan", the bride herself gets jewelry and clothes at the time of her marriage, usually from her
relatives or friends. In "varadakshina", the father of the bride presents the groom cash or kind.
All of these could be done voluntarily and out of affection and love. But, in course of time, it
became a crude institution resulting in female infanticide, suicide, bride-burning and other
indignities and cruelties. The problem of dowry has become a serious social evil among the
upper castes and middle classes both in towns and villages.
It is a shame that reaching at modern age, the dowry system is still prevalent in our society. Like
untouchability and caste system, dowry system is not only a mere evil but also a criminal
offence.
Wedding are no longer happy events, but keep the brides, parents on tenterhooks lest the grooms
family demand unreasonable gifts on the eve of the weeding. In fact, quite often, the greedy
groom or his parents do demand gift in cash or kind such as a motor car, video, etc. which the
girls parents may not be able to fulfill. Then they are caught between the devil and the deep sea.
Breaking off the wedding at the last minute brings infamy to the girl. Very often false, malicious
stories are spread about her so that reengagement and marriage becomes difficult. Often girls are
driven to suicidal lengths because of the tension created by such a situation.
Another technique adopted by the boys family is not to make unreasonable demands before the
wedding, but harass the girl after the wedding to induce her to request her parents to give the
gifts they ask for. The girl is taunted at every step and her life is made a virtual hell until she can
fulfill the unreasonable demands of her husband and in laws. Another ploy used by such uncouth
people is to pack the bride off to her parents house and told to come back only if she can induce
her parents to give more dowry.
Women in India are great victims of dowry system in our society, the male-dominated society.
Dowry is illegal only on paper, in judiciary, or in legislature benches. Practically the daughter-inlaw is generally treated as the goose that lays the golden egg. Once they stop laying egg, they are
tortured both mentally and physically. Also those victims are driven out to leave the house or
commit suicide.

CHAPTER 3

CAUSES OF DOWRY

1.

Poverty is the main causes behind dowry. People often take dowry to reduce their
Poverty.
2. Because of the Illiteracy, most the people are unaware of the effect of dowry.
3. Narrow mentality behind the dowry system.
4. Negative attitude towards the women.
5. Lack of womens Education in Families is the reason for giving dowry.
6. Lack of decision making power of womens in family because in India, families are ruled
by father .Because of that the position of woman in a family is much disagreed.
7. Women are less independent then men. In India, most of the women are housewives and
have less economic power to control the family. Because of dependency women become
a burden in a family.
8. Sometime bridegroom wants money to do business or want to make his life settle with
that money.
9. In a town, people think that giving dowry in a marriage creating more status in society.
10. In the village if brides are not beautiful to look at or if they get late married then they are
to give a lot of money as dowry to the bridegroom.
11. Dependence on husband and living on their income, social corruption and so on are the
main causes of dowry.

CHAPTER 4

EFFECTS OF DOWRY

PROBLEMS OF THE PARENTS

1 Emotional Disturbance, Psychological and Social Maladjustment of Parents

At one time, dowry used to be accepted by the grooms party but now it has become to the
demanded. The result is that from the day of the birth of the girl, the problem of dowry haunts
the minds of the parents. And if by misfortune, a man has three or four daughters; his whole life
is passed in solving only one problem how to arrange the marriage of his daughters. This leads to
emotional disturbances, psychological and social maladjustments.
2 Economic Straits
The dowry system was forced upon the society in the olden days. Whatever they earn, they spend
on maintaining the family standard in providing the necessities of family, educating children, and
meeting various social obligations. The result is that to marry their daughters, they have to
borrow money, especially when huge demands are made by the boys side.

3 Adopting Social Corruption of Foul Means of Earning

Parents of moderate means find it extremely difficult to meet out the expenses covering dowry
and all extravagances connected with the marriage. Compulsion surely breeds corruption and
so sometimes the parents of the girl will have to resort to foul means to make money to meet the
dowry demand. Thus the girls parents indulge in malpractices in order to give money to their
daughters.
4 Hard Works of the Parents
Because of demanding huge amount of dowry the parents have to work hard to provide the
boys with good dowries. The parents are ready to do all kinds of works in order to get money so
that they can give enough dowries to their daughters. Because of their hard work they have to
face physical as well as mental sickness.

PROBLEMS OF THE GIRLS

1.

Female Infanticide

In many families, birth of a daughter was regarded as a curse till 18th century and there were
cases when daughters born in the family were put to death. Since it was impossible to determine
the fetus sex there is no alternative in a poor or middle class family except to kill the daughter in
infancy.
2. Abortions after Determining Sex of Fetus
Abortion is the termination of a pregnancy. The invention of determination of sex of fetus has
increased the incidence of abortion or medical termination of pregnancy, when it is determined
that the fetus is of a female, without considering the psychological effect or physical health of
Amniocentesis. IN India, the middle or middle high class families are undergoing the process
of the determination of sex, of the coming child so that risk of the child born as female child can
be avoided.
3 . Illiteracy
Literacy is defined as the ability both read and to write at least a simple message: illiteracy,
conversely, is the lack of such ability. Many people think that it is wastage of time and money
to give education to their girls. Parents have negative attitudes towards the girls education.
4 More Labour Burden
Since parents are not able to arrange sufficient amount of money for dowry, they will allow
their daughters and sisters to take up a job and earn some money to be utilized at the time of their
marriage. The girls are asked to leave their schooling and forced to work.
5 Immoralities
When the girls join to work in order to get money and when these originally innocent girls
come into contact with boys who work with them in offices, educational institutions, firms and
companies etc. The false promises by these boys of a bright future will mislead the girls, and
thus misguided. It is easy for a boy to escape from the dangers of loose sex-morality but it is
difficult for a girl to hide her shame, particularly when she becomes pregnant.

6 Psychological Suppression of the Girls

The boy accepts a girl who belongs to a well off family, highly educated, in service, and earns.
His likings do not end here. He also wants a girl whose parents can pay him much at the time of
marriage. There are cases where the girl is highly educated, cultured, homely, and accomplished,
but not accepted as a wife only because her parents are not able to give much.
7 Suicide
Dowry system is a great pernicious evil. It will draw many girls to suicide, to save their parents
from economic drudgery. When the engagement is broken due to dowry the girl begins to live in
the society with a sense of insecurity, develops an inferiority complex, and remains emotionally
suppressed. She feels herself to be a burden on her parents and sometimes in that gloom and
mental weariness is prone to commit suicide.
8 Affinal Relations
The parents who cannot afford to pay dowry to marry their daughters consider them a burden for
the family. Similarly, brothers consider their sisters as barriers in the achievement of their
aspirations. As a result, many a time the treatment given by parents and brothers to girls in the
family disrupts harmony in intra-family relations.

PROBLEMS OF THE MARRIED WOMEN

1 Family Conflict
Dowry system leads to family conflicts. When a mother-in-law does not get dowry to her
satisfaction, she maltreats her daughter-in-law and abuses her father, mother and relatives. The
emotional shock on the part of the girl and the authoritarian personality of mother-in-law will
lead to family conflicts.
2 Conjugal Disharmonies
Dowry affects the marital relations in a sizeable proportion of married couples. This is mainly
so because the present day youths threaten their wives with desertion if they do not bring
enough dowry from their parents. This social evil of dowry is the major cause of breakdown of
marriages.
3 Lowering of Womens Status
The boy used to think of himself a dignified individual and views the girl as a subjugated entity
with an inferior and degraded status. At parents house she is treated as a burden and in the
matrimonial home, the dowry she brings is more important than her person... The in-laws of the
bride in an attempt to extract more and more dowry create an atmosphere of harassment and
cruelty. Generally it is found that a wife coming to the matrimonial home without dowry is
subjected to many humiliations. She as an individual has no utility unless she brings dowry.
4 Womens Oppression/abuse/maltreatment
Dowry is the symbol of women's oppression. She goes into her matrimonial home with gold
and accompanied by dowry which her parents have bought with their blood and sweat and
thereafter, pushed into a life of subservience. It gives to man the right to put a price on her and
accept or reject her marriage according to the money and goods she brings.
5 Dowry Deaths
A dowry death is defined as the unnatural death of a woman caused by burns or bodily injury
occur if it can be shown that the woman was subjected to cruelty by her husband or her
husbands relatives shortly before death in connection with a demand for dowry. Dowry-related
violence against women occurs among all subgroups of the population, the rates are higher
among the poor and the lower castes. Alcoholism is also associated with increase in violence
against women.

6 Treatments and Humiliation

Though dowry-death is generally understood to involve the murder of a woman on the dowry
issue in the family of procreation but before the act of killing, several forms of harassment and
humiliation take place against the victim. The humiliation generally will start with criticism,
followed by familiar scenes-insults, abuses and demands for more money. Some women used to
put up with victimization because they know that their parents are not in a position to give more
and to some other will think that things will change after the birth of a child.
The methods used in ill-treating daughters-in-law are:
(1)Abuses, insults, passing sarcastic remarks
(2) Assaults
(3) Denial of food or starvation
(4) Prohibiting them from going out and meeting any one
(5) Refusing visits to the parents home,
(6) Not permitting them to talk with visitors from the parents home
8 Brides Burning
A number of unfortunate young women in the society died of burning. The cause was mostly
their incapacity to bring the amount of cash or things demanded by their husbands and in law
during the first few years after their marriage
9 Child Marriages
Dowry demand will also lead to child-marriages. For an educated girl, the more
educated and qualified husband is needed. This necessitates greater dowry. Thus the parents
prefer early marriages than to do so at a later age with higher demand of dowry.

10 Unequal Marriages
Dowry is closely related to the financial position of the parents of the girl, many
people who are poor offer their young daughters to very elderly persons. Girls are forced to
marry undeserving men, aged persons or with a man having one or two living wives or with
liqueur-addicts as no dowry need to be given to such persons

CHAPTER 5

ACTS RELATED TO DOWRY

The 1961 Dowry Prohibition Act:

In July 1961 Indian official created this act which prohibits the demand receipt or payment of
dowry in a marriage. In this act any gift viewed as a precondition for marriage were punishable
and illegal. Punishment for receiving and giving dowry is imprisonment up to 6 years and or a
fine of 5000 rupees or the amount of dowry which was paid (whichever is more).
This act prohibits the request, payment or acceptance of a dowry, "as consideration for the
marriage". Where "dowry" is defined as a gift demanded or given as a precondition for a
marriage. Gifts given without a precondition are not considered dowry, and are legal. It replaced
several pieces of anti-dowry legislation that had been enacted by various Indian states.
According to Section 3(1) of Dowry Prohibition Act, 1961 - Penalty for giving or taking dowry
If any person, after the commencement of this Act, gives or takes or abets the giving or taking
of dowry, he shall be punishable with imprisonment for a term which shall not be less than five
years, and with fine which shall not be less than fifteen thousand rupees or the amount of the
value of such dowry, whichever is more: Provided that the Court may, for an adequate and
special reasons to be recorded in The judgment, impose a sentence of imprisonment of a term of
less than five years.
According to Section 4 of Dowry Prohibition Act, 1961 - Penalty for demanding dowry
If any person demands, directly or indirectly, from the parents or other relatives or guardian of
a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment
for a term which shall not be less than six months, but which may extend to two years and with
fine which may extend to ten thousand rupees. Provided that the Court may, for a adequate and
special reasons to be mentioned in the judgment, impose a sentence of imprisonment for
a term of less than six months.

IPC 1860
1. Sec. 498 A- Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a term which may extend to three years and
shall also be liable to fine.
Explanation.For the purpose of this section, cruelty means
(a) any willful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of
the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account
of failure by her or any person related to her to meet such demand.
Police often file charges against the husband, his parents and other relatives (whoever being
named on the complaint by the wife or her close relatives) and put them in jail. There is no
penalty (even a fine) for filing a false case. Many individuals have claimed this is being abused
by the wife or her close relatives.

2. Sec. 304B
This Section of the Indian Penal Code was inserted by a 1986 amendment. The Dowry deaths
law defines a 'dowry death' as the death of a woman caused by any burns or bodily injury or
which does not occur under normal circumstances within seven years of her marriage. For a
woman's death to be a dowry death, it must also be 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. If this is proved, the woman's husband or relative is
required to be deemed to have caused her death. Whoever commits dowry death is required to be
punished with imprisonment for a term which shall not be less than seven years but which may
extend to imprisonment for life.

The Indian Evidence Act

1. Section 113A Presumption of abetment of suicide by a married woman.
When the question is whether the commission of suicide by a woman had been abetted by her
husband or any relative of her husband and it is shown that she had committed suicide within a
period of seven years from the date of her marriage and that her husband and such relative of her
husband had subjected her to cruelty, the curt may presume, having regard to all other
circumstances of the case, that such suicide had been abetted by her husband or by any such
relative of her husband.
The section 113A of the Indian Evidence Act has an retrospective effect. It applies to all pending
action irrespective of the fact that when the offence was committed. This can apply to the offence
relating to the abetment of suicide even if the incident took place before the act coming into
force i.e. before 1983 by a married woman.
In the case of Hari kumar v State of Karnataka 2 the court has said that by a plain reading of
the provision it permits to draw the instances of cruelty even to prior to the date of concealment
of this provision. The legal provision provided that under this section clearly concludes the past
instances of cruelty spread over a period of seven years from the date of marriage the victim.
Therefore it is permissible to the court to inquire into a case and look into the past conduct prior
to the commencement date of the amending provision.
In order to attract the provision of section 113A of the Indian Evidence Act the burden of proving
the fact lies on the person who affirms it. This principle of burden of proof is applicable to all
matrimonial offences. For attracting the provision of 113A the following things has to be proved.

Suicide must be committed by a married woman

Suicide must have been abetted by husband or any relative of her husband
Suicide must be committed with in seven years of the marriage
She must have been subjected to cruelty (as defined in 498A of Indian Penal Code) by her
husband.

Presumption under section l13A refers to one of the three ingredients of abetment as defined in
section 107 IPC i.e. instigation, conspiracy and intentional aiding of the act. Where conduct of

2 I (1994) DMC 356, ILR 1993 KAR 3035, 1994 (3) KarLJ 335

the accused indicated that he did not want her to die even though he might have treated her
cruelly earlier, it cannot be presumed that he abetted the suicide.

Section 113 B Presumption as to dowry death

When the question is whether a person has committed the dowry death 3 of a woman and it
is shown that soon before her death such woman has been subjected by such person to
cruelty or harassment for, or in connection with, any demand for dowry, the Court shall
presume that such person had caused the dowry death.

The Code of Criminal Procedure, 1973rovision Act 1961case relates to the

death of a woman within seven years \\o
Section 198A - Prosecution of offences under section 498A of the Indian Penal Code. No Court
shall take cognizance of an Offence Punishable section 498A of the Indian Penal Code except
upon a police report of facts which constitute such offence or Upon a complaint made by the
person aggrieved by the offence or by her father, mother, brother, sister or by her father' s or
mother' s brother or sister or, with the leave of the Court, by any other person related to her by
blood, marriage or adoption.

Under article sec 14 of Hindu Succession Act, 1956 it is provided that the property of the
female is her absolute property. Hence, the fundamental of dowry as in the ancient times cannot
be applied today, but there is an ever growing demand both at the time of marriage as well as
after the marriage which gravely affects the status of women.

3 Explanation.For the purposes of this section, dowry death shall have the same

meaning as in section 304B, of the Indian Penal Code, (45 of 1860).]

CHAPTER 6

CASES RELATED TO DOWRY SYSTEM IN INDIA

Neera Singh v The State4 landmark orders of Justice Shiv Narayan Dhingra was
The police should simultaneously register a case under Dowry Prohibition Act against the
parents of the complainant as well, who married their daughter despite demand of dowry. Section
3 of the Dowry Prohibition Act prohibits giving and taking of dowry. If a woman of grown up
age and well-educated gets married to a person despite dowry demand, she and her family
becomes accomplice in the crime under Dowry Prohibition Act

Nem Chand v State of Harayana5

The parties were married on 24-5-1962. After staying at the matrimonial home for two months,
she returned to her parents' house and told them that her husband wanted a television set and a
fridge. Her father gave her a sum of Rs. 6,000 and she left for her matrimonial home. Her
husband again demanded a sum of Rs. 25,000 for purchasing a plot. There after the husband took
4 (Govt. of NCT of Delhi) and Ors 138(2007)DLT152
5 1994 SUPPL. (4) SCR 295

his wife to her parents' home saying that he would not take her back unless a sum of Rs. 25,000
was paid to him. After one year he took her back but he did not give up his demand for Rs.
25,000. Soon thereafter she left for her parents home and came back with a sum of Rs. 15,000
with a promised that the rest of the amount would be would be paid later on. She died of
strangulation in her husband's home. The trial court found accused guilty. Supreme Court held
that accused should be convicted.

In a Shanti v State of Harayana6 , where the death took place within seven years of marriage,
the in-laws of the deceased did not inform deceased's parents about the death but hurriedly
cremated the deceased. The prosecution succeeded in establishing cruel treatment towards the
victim. The death could not be said to be natural death and the presumption u/s 113B of the
Evidence Act was attracted.

Gurbachan Singh v. Satpal Singh7, the relation between demand for dowry and cruelty has
been explained by the Supreme Court. As per the facts of the case it was held that the victim, a
newlywed woman, who had committed suicide within a year of her marriage, was subjected to
utmost cruelty (she was also insinuated to have an illegitimate child). The accused family
demanded dowry and when she failed to bring it, they tortured her. The court, comprising a two
judge bench of said that, that the worst part of the cruelty was that she was even taunted for
carrying an illegitimate child. The Court also held that a respectable lady cannot bear this kind of
false allegation levelled against her and this must have mentally tortured her. Thus the persistent
demands of the accused for more money, their tortures and taunts amounted to instigation and
abetment that compelled her to do away with her life. In this case we see how the demand for
dowry is a very delicate matter. It can transform into an ugly picture and ultimately drive a
woman to her death bed.

6 1991 AIR 1226, 1990 SCR Supl. (2) 675

7 1990 SCC (CR) 151

Similarly, in the most recent cases of Rajesh Bhatnagar v. State of Uttarkhand8 and
Sharad v. State Of Maharashtra9 when the brides were burnt alive with reference to the
demand of dowry and their failure in fulfilling the demand, one can very well understand the
stand of cruelty in demand for dowry. This type of cases can give us a clear picture of how the
demand for dowry can become a cruel issue.
P.B ikshapathi v. State of A.P. 10in this case the Rajyalakshmi aged 19 years committed suicide
as she was ill-treated and harassed continuously by her husband and by her in-laws for not
getting the T.V. set and gold ring from her parents. Her husband was addicted to alcohol and
sometimes fell unconscious after consuming alcohol. He used to come late and on being objected
used to beat his wife. Thus, she was compelled to commit suicie by setting herself on fire by
pouring kerosene oil on her body.
It was held that taking drink and coming late home much against the will of wife may not per se
amount to cruelty but the acts coupled with beating and demanding dowry harassment to bring
money clearly amounts to cruelty u/s 498A of IPC.

Sahebarao v. State of Maharashtra11

The accused appellants Sahebrao (A-1) and Bhausaheb (A-2) were tried along with their mother
Shanti Bai (A-3) for committing offences under Sections 304-B and 498-A of IPC. The judgment
given by the Additional Sessions Judge, Aurangabad found A-1 and A-2 guilty under Sections
306 and 498-A, IPC and sentenced them to undergo rigorous imprisonment for three years and
fine of Rs. 500/- each, in default, rigorous imprisonment for three months under Section
306 IPC. No separate sentence was passed u/s IPC. A-3 was acquitted. Being aggrieved by the
judgment of the trial Court, the accused appellants filed an appeal before Aurangabad Bench of
the Bombay High Court. The High Court by its order dated 31-01- 2005 dismissed the appeal
and confirmed the sentence passed by the trial Court. That is how the appellants are before us in
this appeal. The relevant facts deduced from the evidence are that the marriage of accusedappellant A-2, resident of Village Babulkheda, and deceasedSangita, daughter of the
complainant-Ramrao Laxman Darekar (PW-1), took place on 13-05-1990 at Village Pathri. The
distance between Village Pathri and Babulkheda was 15 Kms. Just after the marriage, A-2
8 (2012) 7 SCC 91
9 (2012) 5 SCC 548
10 AIR 1989 Cri. L.J. 1186 (AP)
11 AIR 2006 Cri. L.J 2881 (SC)

insisted for a tape recorder. PW-1 persuaded that the tape recorder would be given to him in due
course of time. Three days after the marriage, the elder son of PW-1, Sudam (PW-3) along with
his maternal uncle, Karbhari Vithal Jadavh (PW-4) went to village Babulkheda to take the
deceased back to Village Pathri. On return, PW-3 told his father PW-1 that elder brother of A-2,
accusedappellant Sahebrao (A-1) was demanding additional dowry amount of Rs. 10,000/- as the
dowry paid at the time of marriage was not as per their status and A-2 was insisting for a tape
recorder. The deceased stayed with her father for 5-6 days and thereafter, Ambadas-brother of A2, took her to Village Babulkheda. Ambadas on return told PW-1 that A-1 was demanding
Rs.10,000/- and A-2 was insisting for a tape recorder. About 2-3 days later, PW-1 went to his
daughter's matrimonial home. She told him that A-1 and A-2 were troubling her for an amount of
Rs. 10,000/- and a tape recorder. PW-1 though expressed his inability to pay the amount, sent
PW-3 to Aurangabad for purchasing the tape recorder. After 5-6 days, PW-3 and PW-4 went to
the matrimonial home of Sangita, gave the tape recorder to the accused persons and took her to
her parent's place at Village Pathari. After a week, Mansub- younger brother of A-2, came to the
house of PW-1 to take her back to Village Babulkheda and informed him that A-1 had demanded
an amount of Rs. 10,000/- and the deceased would not accompany him unless the amount is
given. He also informed PW-1 that A-1 would get angry if the amount was not paid. PW-1
somehow managed to send the deceased to her matrimonial home along with Mansub.

In the month of 'Jaistha', when PW-1 went to see his daughter, accused persons started
questioning him as to why he had not paid the amount and asked him to take his daughter back.
The deceased was taken back by PW-1 and she stayed at her maiden home for a month. Mansub,
once again, came to take her back to the matrimonial home. This time also, Mansub, demanded
the additional dowry of Rs. 10,000/-. In September 1990 the deceased came back to her father's
place and on reaching there she started weeping loudly and told PW-1 and her mother that she
was beaten by the accused persons and pointed out the marks of beating on her back and
requested PW-1 not to send her back to Village Babulkheda. However, in the hope that situation
would improve, PW-1 left his reluctant daughter to the matrimonial home on 06-09-1990. That
time also A-2 told him that since the amount was not given PW-1 should take back his daughter.
While returning back to his village on 07-09-1990, the deceased daughter met him on the way
and told him that it would be very difficult for her to stay and also that he might not see her
again.
On 08-09-1990, the cousin brother of A-2 informed PW-1 that his daughter was ill. PW-1 along
with others, went to the house of the accused persons at about 1.00 P.M. There he saw his
daughter dead and no one from the family of her in-laws was present in the house. On receipt of
the information of the incident, the police registered a case of accidental death. The police made
inquiry from PW-1 but he told them that his mental condition is not good and that he would

lodge the complaint afterwards. PW-1 lodged the complaint against the accused-appellants on
09-09-1990 at 7.30 P.M., giving the detailed narration of facts .
Dr. Milind Kulkarni, who conducted post-mortem over the dead body of the deceased, opined
that the cause of death was "cardio respiratory failure due to Endosalphan poisoning". Learned
counsel for the appellants has urged that the delay in filing the First Information Report (FIR) is
fatal to the case of prosecution. PW-1 came to know about the death at about 1.00 P.M. on 08-091990, yet the complaint was made on 09-09-1990 at 7.30 P.M. It indicates false implication of
the accused-appellants. The settled principle of law of this Court is that delay in filing FIR by
itself cannot be a ground to doubt the prosecution case and discard it. The delay in lodging the
FIR would put the Court on its guard to search if any plausible explanation has been offered and
if offered whether it is satisfactory.

In Mohd. Hoshan and Another v. State of A.P.12, in this case it was pointed out that " The
impact of complaints, accusations or taunts on a person amounting to cruelty depends on various
factors like the sensitivity of the individual victim concerned, the social background, the
environment, education etc. Further mental cruelty varies from person to person depending on
the intensity of sensitivity and the degree of courage or endurance to withstand such mental
cruelty. "
The complainant (PW-1) has deposed that soon after the performance of marriage, A-2
demanded a tape recorder. This statement is corroborated by PW-3 and PW-4. PW-3 has deposed
that when PW-4 along with him went to Village Babulkheda 2-3 days after marriage of his sister,
A-1 demanded an additional amount of Rs.10,000/- and A-2 demanded a tape-recorder. This
found support from the statements of PW-1 and PW-4 without any variation. Further PW-1 in his
evidence has specifically said that deceased had told him that the accused persons on account of
the non- fulfillment of their demands, troubled her. There is evidence on record of PW-1 that
when his daughter came back to his place she started weeping and told the complainant about the
harassment inflicted upon her on account of non-payment of Rs.10,000/-. This found support in
the statements of PW-3 and PW-4. The evidence shows that even the demand was made through
12 (2002) 7 SCC 414

the younger brother Mansub when he went to the place of the complainant. PW-1 has further
mentioned that in the end of jaishth month, he went to village Babulkheda to see his daughter
and was insulted by the accused persons for not fulfilling their demand and they asked him to
take her back to village Pathri. It is said by PW-1 that just 8 days before the incident when the
deceased last visited her maiden home she told him that she was beaten and also showed marks
of beating on her body. She was weeping and requested him not to send her back to village
Babulkheda without satisfying the demand of the accused persons.
The evidence clearly establishes that the accused persons were consistent in their demand
regarding additional amount of Rs.10,000/- even after their initial demand of tape recorder was
fulfilled. The evidence clearly establishes that the deceased was harassed at her matrimonial
home and her staying there had become miserable. The deceased on several occasions, within a
short span of four months of her marriage, informed her father that she was being troubled by her
husband and his elder brother. They also insulted and taunted her father in her presence and
asked PW-1 to take her back to his home for his inability to fulfill their unlawful demand. The
reluctance shown by the deceased to go to her matrimonial home within a short period of her
marriage is indicative of the fact of the treatment given to her. At her matrimonial home, she was
harassed and constantly nagged for non-payment of additional amount by her father.

The facts clearly establish that husband and his elder brother subjected the deceased to cruelty
and their conviction u/s of IPC is based on cogent reliable evidence. The appellants were also
convicted under Section 306 IPC with the aid of the presumption as to the abetment of suicide by
a married woman under Section 113-A of the Indian Evidence Act, 1872. It is proved by the
prosecution that Sangita committed suicide within a period of seven years from the date of her
marriage and that her husband and his elder brother subjected her to cruelty. On the basis of the
evidence, it can be said that the cruel treatment meted out to the deceased was of such a nature
that it has driven the lady to commit suicide.

CHAPTER 7

CONCLUSION & SUGGESTIONS

Even after the dowry prohibition act has passed, dowry seems to be battering on consumer
society. Cases have come up where women are beaten, kept without food for days, tortued
physically and mentally. One dowry death case is reported every hour for dowry. There are
series of cases in which the young married women have beaten, tortued, burnt to death.
In the end it may be said that the problem of dowry death persist in the society which call for
multi prolonged and integrated approach on an urgent basis.
In a scenario where protectors become killer, the very basic family unit is threatened.
The women population in India according to 2001 census is about 500 million, which is nearly
50 percent of India's total population. Despite such a huge margin, the status of Indian women in
society is not very pleasant. The question is why?. Human beings are born equal but are never
treated equally. Unequal treatment to women or the gender bias is not a new phenomenon. Our
mythology, if referred to, shows us the gender bias that was prevalent in India.

It may be concluded that the abolition of the custom of dowry would be a landmark toward
social reform. With whatever intentions this custom may have been started, it cannot be denied
that it has failed to recognize women as human beings with emotions, feelings and a separate
identity. Rather, it considers them as pieces of valuable property and as sources of income for the
further upliftmeent of the grooms family. This great injustice has got to be stopped, whether it
be by education, propaganda, welfare associations, or legislation.
When we find even highly educated and foreign returned young men not averse to the idea of
dowry, the limit has been reached. We have become permitted this evil to disfigure the face of
our society long enough. The time has come for it to be scrapped root and branch. Unless we
become more progressive in our outlook, less orthodox in our ways, and more revolutionary in
our ideas, dowry will remain the bane of our society. It is only on the wheels of understanding
and a sense of cooperation that the chariot of society can move smoothly. Unfortunately,
marriage nowadays, in spite of its veneer of religious sanction, has been degraded to the level of
market commodity.
Marriage settlements start not with selecting boys and girls of character, high aspirations, and
modern values but with dowry. Hence, it is now high time for the Hindu society to commit
suicide. One should not forget that marriage is a sacrament and not a business deal. The sacred
institution of marriage has been debated by this vicious practice.
When a girl is accepted not from her virtues but for the money she brings and when the dowry
she brings is the be all and end all of the transaction, the marriage looses all sanctity and
sublimity. The sooner the dowry becomes the thing of the past, the better for our society.
The problem of dowry demand is not merely one of a family demanding cash and goods beyond
the capacity and desire of another family to give but rather a question of the inter relatedness of
psychological, social and economic factors. As one reads the shocking story of individual woman
and families, one notice that there is very little and often no awareness among them of the roots
of the problem or any motivation to curb the practice and bring about a much needed social
change. This can be attributed to an internalization of prevailing particular values which view
women as inferior and having only themselves to blame for their predicament. It seldom sees
them as victims of a particular form of oppression or of socially prevalent sex biases.
The burden of tradition, a prevailing ideology of male superiority, an insensitive police force,
and archaic judicial system and a society that condones violence creates a chamber of horror
where even angels would fear to tread.

Refuse dowry, diffuse dowry deaths.

Behave manly, depend on your earnings, Why demand

dowry?
If you have power you earn it, dont beg for it.

BIBLIOGRAPHY

Books

Indian Penal Code by Prof. S. N.Misra18th Edition 2011

Evidence

Websites
http://shseminary.blogspot.in/2010/05/dowry-social-challenge.html
http://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india-problems-socialdimensions-and-other-details/35175/
http://www.jstor.org/stable/23028041?seq=1#page_scan_tab_contents
http://304b.blogspot.in/p/section304b-indian-penal-code-dowry.html
http://www.pucl.org/from-archives/Gender/dowry-deaths.htm
https://ipc498a.wordpress.com/2009/01/10/dp3/
http://www.azadindia.org/social-issues/dowry-system-in-india.html
http://www.satyamevjayate.in/big-fat-indian-wedding/BigFatIndianWedding.aspx

Articles
http://timesofindia.indiatimes.com/india/10-of-dowry-cases-false-government-planschanges-in-law/articleshow/46649047.cms
http://www.satyamevjayate.in/big-fat-indian-wedding/BigFatIndianWedding.aspx

Bare Acts

Survey on the Dowry System

Questionnaire

Q1. What is the main cause of the high rates of dowry?

Customs & traditions

Cost of living
The greed
Others

Q 2. Who is the most affected side?

The girl
The boy
The family
All of the above

Q3. Do you think that this is a normal issue and is not a major problem that we can touch
upon?

Yes
No

Don't know

Q4. Do you think dowry system is necessity of our society?

Yes
No

Q5. Do you think it is because of dowry parents dont give birth to a girl child?

Yes
No

Q6. Dou you think that dowry system is the main cause for female feticide

Yes
No

Q7. Are you in favor of ending dowry system?

Yes
No

Q8. Do you think that dowry system acts as an obstacle in higher education of girl?

Yes
No

Q9. Do you think dowry took place in urban area more?

Yes
No

Q 10. Do you think on an average one Indian woman commits suicide every four hours
over a dowry dispute?

Yes

No