Supreme Court Guidelines on Section 304-B of IPC
Context
Supreme Court has enhanced the scope of Section 304-B of the Indian Penal Code(IPC) in a recent judgement.
Dowry Deaths in India:
- 40% - 50% of homicides in the country for almost a decade from 1999 to 2018 were related to dowry
- 7,115 cases of dowry deathin 2019 alone.
About Section 304-B:
Supreme Court Guidelines on Section 304-B:
Absurd Interpretation must be avoided:
- ‘soon before’ in Section 304-B. This interpretation made it necessary for a woman to have been harassed moments before she died.
- Supreme Court says that only a “proximate and live link” between the harassment and her death needs to be made by prosecution.
Provision must be read broadly:
- The lower trial courts must not take a limited approach in categorising death as homicidal or suicidal or accidental.
Accused should be examined properly:
- SC raised concern about the casual way in which trial courts examine accused persons in dowry death cases under Section 313 of the CrPC.
- The court must put incriminating circumstances before the accused and seek his response. He must be given sufficient opportunity present his side of the story.
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