IPC ASSIGNMENT

ON
REVIEW OF LITERATURE

TOPIC: DOWRY DEATH: BURDEN PROOF

NAME: B.SAI RUSHITHA

ROLL NO: 20211BAL0007
SECTION: 01
COURSE: BA LLB
SEMESTER: 03
SUBMITTED TO: AKANKSHA MAM

REVIEW OF LITERATURE
INTRODUCTION
The article has been written by ‘R.DEB’ published
by Indian Law Institute in the year 1995.This paper is about dowry death which
is on going still in the world mostly seen in the country India. The author has
wrote detailed information about dowry death in this article providing some
provisions to it and connecting it to the Indian penal code. In this article the
author also mentioned about different opinions that has been given by other
authors respectively and provided the constitutional provisions regarding the
parliament, the acts and the amendments that has been done regarding the act
has been mentioned by the author in a deeper manner. The article started with
Introduction to Dowry death in which author given some important points on
how dowry is treated in India and how this much of importance towards dowry
leading to dowry deaths. Then the author gave the analysis highlighting some
main points like dowry as a burden of proof, Need for change in interest of
social defence, Dowry deaths and conventional standard of proof, proof of
cruelty, abetment of suicide and dowry death followed by some important case
laws regarding the dowry death and gave the conclusion including the opinion
of the author.

ANALYSIS:
India still maintains the tradition of having a bride or her family pay a dowry to
the groom. In association with this tradition, India has experienced an
increasing number of "dowry deaths" where the wife is killed or driven to
suicide after the dowry has been paid so that the husband is free to pursue
another dowry. Given this growing problem and the difficulty of proving guilt
under a burden of proof that presumes innocence until guilt is proven beyond a
reasonable doubt, the Indian Penal Code has been changed to allow for the
presumption of guilt under suspicious circumstances. The law states that "When
the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within 7 years of her marriage and it
is shown that seen 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." Although such evidence
of cruelty or harassment toward the victim prior to her death may not be
sufficient to prove guilt beyond a reasonable doubt, this law mandates that guilt
be presumed under such circumstances. This change in the burden of proof is
necessary to counter the growing problem of dowry deaths, even though it may
mean a greater risk that the innocent will be convicted. It is the major problem
of our nation and is the penultimate factor behind the problem of dowry. In
underdeveloped areas, where the literacy rate is quite low and people are
unaware of the laws relating to dowry, has also contributed a lot to it. Although
dowry is something which is even practised by the literates of our society, it
becomes a lot difficult to make them understand the laws. Even if the laws turn
out to be stringent they would not take effect for sure as long as the people are
not aware of it.So, the abuse for the demand for dowry can be in the form of
verbal and the most serious can take the shape of death of the victim or dowry
death. It can, therefore, be said that in view escape from punishment our law
regarding burden of proof and pragmatic reassessment today than has been
there. As a matter of fact a reappraisal of the law has altered interest in the
context of greater incidence of socio independence India. Thus drawing up of a
presumption which is a feature of the inquisitorial system of jurisprudence into
the Indian system as well as in regard to a Number of socio economic offences.
Thus the rule regarding burden of proof hold good only upto a degree beyond

which risk to the innocent can’t be avoided in public interest. Only a proper
realisation our law and administration of criminal justice our social perspective
would make our law and administration of criminal justice a living force for the
protection of our society and its values.

CONCLUSION AND SUGGESTION BY AUTHOR:

The conclusion given by the author as follows, it does not become

necessary for Parliament to take f drastic steps to amend the Act in the near
future and dowry-greedy beasts w soon learn to restrain themselves from
indulging in bride burning or commi dowry deaths by taking timely note of the
strict provisions of the recently Dowry Prohibition (Amendment) Act 1986
which has also brought into ex section 304 B, IPC and section 1 13 B, Evidence
Act. Even if a further drastic as spelt out earlier for amending section ÌÌ3A and
113Ä, Evidence Act i in future for stopping dowry deaths and bride burning
cases, it would s possible to justify such a step on the ground that such cases
being mostly of deaths in hostile custody, in the fitness of things the person or
persons in virtual custody the victim was at the time of her death, should
naturally be upon to explain the mystery surrounding her death.This proposition
are substantial support from the observations of the Supreme Court in Ram
Yadav's case. The above observations of the highest court of the land ideally fit
in with the circumstances of most dowry death cases if we substitute the words
"sanctum sanctorum of the police station" with the"sanctum sanctorum of the
in-laws' house". The High Courts of Pun Haryana in Amarjit Singlis's case and
High Court of Madras in Rajam case have similarly held that when a dowry
death is found to be homic the victim was last seen alive in the exclusive
company of the accused h and his relations and no explanation is offered as to
how the victim girl meet her end, the only possible conclusion in such a case
would be it is the caused the homicidal death and as such were liable under
section 304 read with section 34, IPC. The burden of proving a fact contrary to
the one suggested by the circumstances of the case lies on them as they alone
had special knowledge about the crime. And if perchance an innocent person
was wrongly convicted on the basis of such a drastic presumption as in section 1
13/ Evidence Act, it could then be said in tune with Paley and Glanville
Williams that he had "fallen for the sake of his society" and that "some risk of
convicting the innocent could not be avoided in public interest.

CONCLUSION BY RESEARCHER:

Women are considered to be the backbone of society, and killing or

burning them just for dowry is a shameful act in itself. All said and done and to
obliterate such heinous crimes some certain provisions and measures need to be
undertaken by the government with the most prominent one of keeping women
on par with men so they are not dependent on them and also taking women
reservation as a source of women empowerment. Small changes make a big
difference so to remove this peril we ought to create awareness among the
people against dowry. Isn’t it quite paradoxical, a land where marriage is
considered sacred, women are burned in the hands of people themselves for the
matter of a few pence. Dowry should be prohibited.

E-RESOURCES :