In a recent judgement, the Supreme Court of India overturned the conviction of a husband, sister-in-law, and mother-in-law for dowry death under Section 304B of the Indian Penal Code (IPC). The Court noted that the prosecution had failed to prove that the deceased wife was subjected to cruelty or harassment in connection with dowry demands shortly before her death.
The trial court had sentenced the three to life imprisonment, a decision upheld by the High Court. However, the Supreme Court bench, comprising Justices Sudhanshu Dhulia and JB Pardiwala, set aside the conviction. The Court referenced the case of *Rajinder Singh vs. State of Punjab* (2015), which outlined the four essential conditions under Section 304B of IPC: the unnatural death of a woman within seven years of marriage, cruelty or harassment by her husband or his relatives, and the linkage of such harassment to dowry demands.
Upon reviewing the evidence, the Supreme Court found that the prosecution witnesses provided only general statements about the cruelty and harassment, without establishing a connection to dowry demands. “The testimonies did not prove that the harassment was due to dowry demands,” the Court observed.
The Court further highlighted the error made by both the trial court and the High Court in presuming dowry death under Section 113B of the Indian Evidence Act, 1982, which shifts the burden of proof to the accused. The Supreme Court clarified that the mere fact that the deceased died under unnatural circumstances in her matrimonial home within seven years of marriage does not automatically justify conviction under Section 304B or Section 498A of IPC, without concrete evidence of dowry-related harassment. The case of Charan Singh @ Charanjit Singh vs. State of Uttarakhand (2023) was also cited to support this point.
The Court concluded that the presumption of dowry death was unfounded, as no direct evidence of dowry-related harassment was presented. It was noted that witnesses only mentioned general torture, with one witness alleging that the deceased was assaulted due to objections over an illicit relationship involving the husband.
While the dowry death charges were dismissed, the Court upheld the conviction of the husband under Section 306 of IPC (abetment of suicide) and Section 498A of IPC (cruelty). He was sentenced to three years of rigorous imprisonment and fined Rs. 25,000 for each offence.
