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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