सं Samvidhan

Indian Penal Code, 1860

Section 304B

repealed

Dowry death

Why this exists

This section was added to the IPC in 1986 after dowry-related deaths of young brides became a serious social problem in India, and ordinary murder or cruelty laws were proving hard to use because direct proof of killing was often missing. It creates a legal presumption: if cruelty over dowry happened shortly before an unnatural death within seven years of marriage, the husband and his relatives are presumed responsible unless they can show otherwise. It works alongside Section 113B of the Evidence Act, which creates this presumption, and Section 498A IPC on cruelty to a wife. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 80.

How courts read it

Courts have held that Section 113B of the Evidence Act creates a mandatory presumption once the prosecution proves cruelty or harassment for dowry soon before death within seven years of marriage, shifting the burden to the accused to rebut it; the Supreme Court has clarified that 'soon before death' does not mean immediately before, but requires a proximate and live link between the cruelty and the death, not a stale or remote connection.

Common misconceptions
  • Myth: Police must prove the husband directly killed her, just like any murder case.
    Fact: Once dowry harassment shortly before death is shown, the law presumes the husband or relatives caused the death, shifting the burden to them to prove innocence.
  • Myth: This only applies if the husband personally demanded dowry.
    Fact: It applies to the husband and any relative of the husband who subjected the woman to cruelty or harassment for dowry.