Sunday, 20 August 2017

LI 4. Dowry Cases


LI 4. Dowry Cases:
In dowry cases, when the demand of dowry has been alleged, the onus to prove the innocence shifts to the defence. He has to prove that she died due to natural death and there was no torture and that before the cremation, the father and other relatives of the victim girl were informed and that the local police was also informed about the incident. When there is unnatural death, it is the prime duty to inform police.
 Section 202 of IPC punishes the illegal omission to give information by those who are by some law bound  to give information,  when such omission is intentional.
Section 113B of the Evidence Act provides that when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for or in connections with any demand for dowry the court shall presume that such person had caused the dowry death.

Adv Mohammad Akhter Hussain
Patna High Court

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