The Supreme Court Bench of Justices Navin Sinha and B.R. Gavai in a judgment said that a person accused of dowry harassment cannot be automatically convicted for abetment of suicide. The court is required to take into consideration all other circumstances of the case.
Crux of the Matter
The SC Bench said that “even if it is established that the woman concerned had committed suicide within a period of seven years from the date of marriage and that her husband has subjected her to cruelty, the court is not bound to presume that suicide has been abetted by her husband.”
Justice Gavai added by saying, “We are of the view that merely because an accused is found guilty of an offence punishable under Section 498A of the IPC and the death has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by employing the presumption under Section 113A of the Evidence Act. Unless the prosecution establishes that some act or illegal omission by the accused has driven the deceased to commit the suicide, the conviction under Section 306 would not be tenable.”
Curiopedia
The Dowry Prohibition Act, 1961 prohibits the request, payment or acceptance of a dowry, ‘as consideration for the marriage’. Section 498-A is a cognizable offence under the Indian Penal Code, 1860 and was brought into the IPC in the year 1983 to curb the menace of cruelty to married women for want of dowry, which often led to their deaths. The law explains that “cruelty” means anything that is done on purpose, and either causes serious harm to the woman or makes the woman want to kill herself. It also strengthens the laws against dowry or payment made by the bride’s family to the husband’s family. The Supreme Court of India expressed its concerns over the misuse of section 498-A and termed it “Legal Terrorism’. More Info
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