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SECTION 304B IPC - Indian Penal Code - Dowry death
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
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Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
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Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
IPC 304B in Simple Words
Section 304B of the Indian Penal Code deals with "dowry death," where a woman's death caused by burns or bodily injury within seven years of her marriage, and it is linked to cruelty or harassment related to dowry demands, leading to imprisonment for a minimum of seven years up to life for the husband or relative responsible.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Dowry death | Imprisonment for not less than 7 Years, but upto Life | Cognizable | Non-Bailable | Court of Session |
Offence : Dowry death
Punishment : Imprisonment for not less than 7 Years, but upto Life
Cognizance : Cognizable
Bail : Non-Bailable
Triable : Court of Session
The IPC section 304B recognizes the seriousness of dowry death and punishes those who are found guilty. If convicted, the accused could face a minimum seven-year sentence and a maximum life term in prison.
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Frequently Asked Questions
What is 304 B IPC Supreme Court Judgement?
The Court noted that while the charge was framed under Section 304B of IPC it had been clearly stated that the accused subjected to the deceased such cruelty and harassment that she committed suicide by self-immolation. As such, non-framing the specific charge in the case would not be fatal.
Is 304 IPC bailable?
304-A, I.P.C. The police will devote more time to their investigation. It is a bailable offense and no court can deny bail to the accused.
Is Section 304B and Section 498A of IPC 1860 unconstitutional?
Sushil Kumar v. State of Haryana7, the Supreme Court held, that in the absence of evidence that the victim had been subjected cruel treatment or harassment shortly before his death, Section 304B was not violated. If there is no evidence that coercion occurred, a conviction under Section 498A would be unwarranted.
