Divorce Law Videos - IPC Section 304B (Dowry Death)

Section 304B defines and punishes Dowry Death. The section requires that a woman must have died within seven years of her marriage and she must have died of bums or bodily injury or otherwise than under normal circumstances. It must also be established that soon before her death her husband or any relative of her husband had subjected her to cruelty or harassment for or in connection with any demand for dowry.

Such an offence has been named as dowry death and it will be presumed that the husband or his relative, as the case may be, had caused her death. A minimum mandatory sentence of seven years has been provided under this section which may extend to imprisonment for life. ‘Dowry’ under this section will have the same meaning as provided in section 2 of the Dowry Prohibition Act, 1961 according to which it means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage, or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or after the marriage as consideration for the marriage of the said parties.

The offence under section 304-B is cognizable, non-bailable and non-compoundable, and is triable by Court of Session.