Section 304 b is required to be proved by the prosecution to get the accused
convicted under this section. The deceased women's Death was because of burn
bodily injury or otherwise under normal circumstances that is to say that was
not natural and mysterious circumstances in the seven years from her marriage
soon before her death she was subjected diary proving is essential that the
court shall presume that the death has been caused because of such Dowry demand
in this is in this section constitutes the offence of section 304 b.
Before 1961, there was no uniform law which provides for the prohibition of
dowry demands and made it punishable. However there were some states law (Bihar,
Andhra Pradesh) in relation to dowry demands.
In the year 1961, the dowry prohibition act was enacted and section 3 of the
dowry prohibition act giving and taking of dowry was made punishable for 1st
In the year 1983, the criminal law amendment act1 of 1983 was carried out by the
amendment act sec 498A of the IPC was inserted in the IPC. Which provides for
the punishment in case of any mental and physical cruelty is caused in relation
to dowry demands.
Section 113 of the Indian evidence act was inserted which provides for may
presume in case of the offence of 498-A
In the year 1986, by criminal law amendment act 1986 the offence of dowry demand
was enacted and inserted as sec 304 b of the IPC. If the death of the wife was
not natural and soon before her death she was subject to dowry demand and then
it will be the offence of dowry demand
Section 113b of the evidence act was also enacted by such amendment which
provides for shall presumption in case of dowry death
In the year 2005 the legislative passed the domestic violence act 2005 in
relation to curb domestic violence in relation to dowry demand
As per section 304-b of the ipc the essentials are as follows:
- The deceased women death was because of burns or bodily injury or
otherwise then under normal circumstances i.e death was not natural
- The women die under these mysterious circumstances with 7 years from her
- Soon before her death she was subject to dowry demands
On proving these essential the court shall presume that death has been caused
because of such dowry demand and this constitutes the offence of sec 304 b but
however this presumption is rebuttable in nature and the accused can give
evidences to prove that the death was not caused in relation to dowry.
Nand Kishore v. state of Maharashtra 1995:
In this case it was held that all the
ingredients of this section must exist conjunctively. There must be nexus
between cruelty and harassment to raise the presumption of dowry death under the
section 113 b of the evidence act.