top of page
  • Writer's pictureNyayasastra

Presumption of Dowry Death: A Case Law

Facts of the Case:

A married woman, having lived with her in-laws for three years after marriage, is found dead under suspicious circumstances at her in-laws' house. Her family is deeply disturbed by the incident and seeks legal recourse. The details around her death are murky, leading to an investigation that involves the application of various laws related to dowry, domestic violence, and homicide.


  1. Was the death a result of unnatural causes?

  2. Is there evidence to suggest involvement of the in-laws or husband?

  3. What legal provisions can be applied in such a scenario?

Rule of Law:

  • Section 304B of the Indian Penal Code (IPC): Deals with the offense of dowry death. If a woman dies within seven years of marriage and it's shown that she was subjected to cruelty or harassment by her husband or his relatives, the death can be considered dowry death.

  • Section 498A of the IPC: Criminalizes the cruelty towards a married woman by her husband or his relatives.

  • Section 302 of the IPC: Pertains to murder and is applicable if there's evidence to prove intentional killing.

  • Section 113B of the Indian Evidence Act: Presumption as to dowry death. The court may presume that a person has committed the dowry death if certain conditions are met.

  • Protection of Women from Domestic Violence Act, 2005: Protection against domestic violence, including physical, emotional, verbal, and economic abuse.

Application and Discussion:

Investigation into Unnatural Death:

The circumstances of the death are suspicious and require a thorough investigation. If the death occurred within seven years of marriage and there's evidence of cruelty or harassment for dowry, Section 304B of IPC would apply. Relevant case laws include:

  • "State of Punjab vs Iqbal Singh" (1991): Emphasized the importance of establishing harassment for dowry in connection to the death.

  • "T. Aruntperunjothi vs State" (2015): Stressed that mere demand for dowry is not sufficient to convict under Section 304B.

Scrutinizing the Role of In-laws and Husband:

The involvement of the in-laws or husband must be probed. If there's evidence of cruelty under Section 498A, legal action can be taken against them. Case laws include:

  • "Sushil Kumar Sharma vs Union Of India" (2005): Defined the boundaries of cruelty under Section 498A.

Possible Application of Other Legal Provisions:

If the evidence suggests intentional killing, Section 302 may apply. Additionally, the Protection of Women from Domestic Violence Act, 2005 might provide avenues for legal remedies.

Conclusion: Presumption of Dowry Death

The suspicious death of a married woman at her in-laws' house raises serious legal concerns. A comprehensive investigation must be conducted to determine:

  • Whether the death was unnatural and due to dowry demands, invoking Section 304B of IPC.

  • If there's evidence of cruelty by the husband or his relatives, applying Section 498A.

  • Whether other legal provisions, including Section 302 and the Protection of Women from Domestic Violence Act, are applicable.

In the pursuit of justice, it is vital to approach the case with sensitivity and adherence to legal principles, ensuring that every aspect is meticulously examined. The fight against dowry deaths and domestic violence requires collective legal and societal efforts to prevent such tragic incidents from recurring.

20 views0 comments

Recent Posts

See All


Nyayasastra Cover_edited.jpg

Try Nyayasastra Today!

Fill your details and be the first to experience India's First AI Powered Law Learning Engine

Thanks for submitting!

bottom of page