A two-judge Bench of the Supreme Court of India, in Baijnath & Ors. v. State of Madhya Pradesh (18 November 2016), held that the unnatural death of a married woman within seven years of marriage does not, by itself, amount to dowry death under Section 304B IPC. The Court ruled that the prosecution must prove cruelty or harassment for dowry to sustain such a charge.
The Supreme Court further clarified that the presumption under Section 113B of the Evidence Act does not operate automatically. Courts may invoke it only after the prosecution establishes dowry-related cruelty soon before death. In this case, the evidence on dowry demand was inconsistent, no prior complaint was made, and medical evidence failed to conclusively determine the cause of death.
The Court held that the High Court erred in reversing the acquittal based on presumptions. As the prosecution failed to prove cruelty beyond reasonable doubt, the Supreme Court restored the Trial Court’s acquittal and granted the accused the benefit of doubt.
Relevant Extracts from the Supreme Court Judgment:
“(32) Noticeably this presumption as well is founded on the proof of cruelty or harassment of the woman dead for or in connection with any demand for dowry by the person charged with the offence. The presumption as to dowry death thus would get activated only upon the proof of the fact that the deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death. Such a proof is thus the legislatively mandated prerequisite to invoke the otherwise statutorily ordained presumption of commission of the offence of dowry death by the person charged therewith.”
“(33) Proof of cruelty or harassment by the husband or her relative or the person charged is thus the sine qua non to inspirit the statutory presumption, to draw the person charged within the coils thereof. If the prosecution fails to demonstrate by cogent coherent and persuasive evidence to prove such fact, the person accused of either of the above referred offences cannot be held guilty by taking refuge only of the presumption to cover up the shortfall in proof.“
“(38) The prosecution in our estimate, has failed to prove this indispensable component of the two offences beyond reasonable doubt. The factum of unnatural death in the matrimonial home and that too within seven years of marriage therefore is thus ipso facto not sufficient to bring home the charge under Sections 304B and 498A of the Code against them.“
Citations:
Other Sources:
Index of Acquittal from criminal matrimonial cases is here.
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Mrs. Suprajaa Rajan (B.Com., LL.B., LL.M.)
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