a letter by the deceased to her parents explaining her plight and torture by the family members of her husband or it can be communicated through any other means. When the question at issue is whether a person is gui lty of dowry death of a woman and the evidence discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry. U.P., Criminal Appeal No.67 of 2006, Date of Judgment: Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be.Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. Forensic medical evidence has proved to be a crucial area in establishing the fact of 'unnatural' death before the Indian courts. Evaluating the Law of Murder in Light of Soumya Judgment: A Medico-Legal Perspective, Editorial: Rising Menace of False Rape Cases in India Problems and Solutions. from: In the case of Prem Kanwar v. State of Rajasthan 2009, it was alleged by the father of the woman that she had been burnt and was being harassed for dowry. However, her husband pleaded that her death was caused due to an accident as she slipped into well while fetching water. URL:http://judis.nic.in/supremecourt/imgst.aspx?file, 07.01.2009; AIR 2009 SC 1242. the apex court questioned the scanty, content/uploads/2008/06/dhillon-amarpal-dowry.pdf, http://digitalcommons.law.seattleu.edu/cgi/v, CII2013/Chapters/5-Crime%20against%20Women.pdf. This Comment also addresses the policy concerns courts consider in determining whether to impose a bright-line, extended rule disqualifying the slayer's exclusive relatives. Cases are frequently coming before the Courts, where the husband or in-laws have gone to the extent of killing the bride if the demand is not met. While some have lauded the judgment, other scholars have condemned it on account of misinterpretation of the law on the subject. But this shall not result in injustice towards the victim. © 2008-2020 ResearchGate GmbH. As has been emphasized in the above-mentioned cases, it was due to medical evidence that the offenders of the crime were convicted who might have gone undiscovered. Available, 07.01.2009; AIR 2009 SC 1238. Many times, if the demands of the husbands and his family members are not met, women are harassed and even killed in many cases. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. Ray, J., K. Jayachandra Reddy, J. Hem. All rights reserved. This practice is not limited to the women who are not earning but extends to those women as well who are earning and are not financially dependent on their husbands. 31.10.2013; AIR 2014 SC 227. However, even after the enactment of the Act, the practise continued in some communities. from:URL:http://judis.nic.in/supremecourt/imgs1.aspx?filename=411 The Act was constituted for the prohibition of the practice of dowry. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=28109, A Medico-Legal Treatise on Malpractice and Medical Evidence. [Online] [2015 March 25]. Therefore, in the case of Paniben v. State of Gujarat 1992, the Supreme Court observed that even though the Dowry Prohibition Act, 1961 has improved the position of women in the society, it is not enough to control the crime completely. This is when medical evidence proves to be fruitful. Crimes in India 2013, National Crime Records Bureau, Government Dowry death is one of the most heinous forms of crime inflicted on women. The IndianPenal Code (I.P.C. 9. The husband and his family members go to the extent of killing the wife if their demands are not met. Therefore, Section 304B was inserted by the Dowry Prohibition (Amendment) Act, 1986 in order to combat the increasing menace of dowry death. Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of … Available However, the husband pleaded innocence by claiming that she slipped into the well and died as a result of the accident. However, there was no evidence that, soon before her death, she was subjected to any cruelty or harassment by the husband or any of his relatives for any demand for dowry. URL: from National Law University Odisha. There is the Dowry Prohibition Act, 1961 which is enacted, and in addition the laws have been made more stringent namely, Section 304 B (dowry death) and Section 498 A (cruelty by husband or his relatives) have been integrated into the Indian Penal Code (I.P.C.) This article seeks to look into the offence of marital rape, its impact on the victims, arguments for and against criminalisation and the Indian standpoint. All content in this area was uploaded by Mukesh Yadav on Jan 18, 2016, J Indian Acad Forensic Med. 07.01.2009; AIR 2009 SC 1238. Section 113B states that: “Presumption as to dowry death. which was the first penal law to ban this practice. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. If the woman is being compelled by her husband or his relatives to take any step towards ending her life, then it would also be termed as unnatural death. The husband and his family members go to the extent of killing the wife if their demands are not met. However, if they are in the process of being burnt, then the person is capable of speaking. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=18717 967 of, A. K. Patnaik, J., Gyan Sudha Misra, J. Rajeev Kumar vs. State of It has assumed such a great dimension that there is a need for stringent laws to curb it. Her thyroid cartilage was broken and the brain matter was shrunken. from: 25]. 60, Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Prem Kanwar vs. As per the medical experts, the woman had severe red congestion around her neck and her chest had small superficial abrasions. State of Karnataka vs. Chowdegowda, and also Section 113 B (presumption as to dowry death) have been made part of the Indian Evidence Act (I.E.A.) Spouses and dependent children of servicemembers may also receive life insurance under the Family Servicemembers' Group Life Insurance Act (FSGLI). M Chellur, J., N Ananda, J. Many times cases of dowry death are presented as a case of accidental death which results in acquittal of the accused. Ray, J., K. Jayachandra Reddy, J. Hem [Online] [2015 March 25]. In the case of Trimukh Maroti Kirkan v. State of Maharashtra 2006, a woman was killed by hanging her to death. Dowry Death Inconsistency between Evidence and Statement to Police leads to Acquittal. In cases related to dowry death there can be various forms of evidence, e.g. John J. Elwell. Thus, to stop this menace, the Parliament inserted Section 304-B and, Before the enactment of Section 304-B, the cases of dowry death were dealt with under. ), Criminal Procedure Code(Cr.P.C.) Satvir Singh v. State of Punjab, (2001) 8 SCC 633. Review, The decision of the Supreme Court in Govindswamy murder case has sent shockwaves across the nation. Supreme Court judgment dated 11th Oct 2006 held that the demand for dowry or money from the parents of the bride has shown a phenomenal increase in last few years. Available 191. Such death should have occurred within Seven years of her marriage. It was opined by the doctor that the woman was killed before she was burnt. Cases of dowry death with dying declaration. Relying on the medical report, the court held the accused guilty of dowry death under Section 304B of the IPC. Forensic medical evidence has proved to be a crucial area in establishing the fact of 'unnatural' death before the Indian courts. where a woman named Mahadevamma was killed by her in-laws for dowry. It has neither been disputed that Bala died within seven years of her marriage. March Therefore, medical evidence ensures that justice is delivered. However, the husband pleaded innocence by claiming that she slipped into the well and died as a result of the accident. As has been emphasized in the above-mentioned cases, it was due to medical evidence that the offenders of the … Since time immemorial we have seen so many offences against women, where they are tortured and one such offence is dowry death. It is also obvious from medical evidence coupled with the report Ex. Available from: URL: http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1 432&context=sulr 3. from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=334 80, State of Maharashtra, Appeal (Crl.) As per the definition of ‘dowry death’ in Section 304-B, IPC and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been “soon before her death” subjected to cruelty or harassment “for or in connection with the demand of dowry”. The killing of women for dowry became so persistent that the Indian legislature enacted stern laws to curb it. under the criminal law (SecondAmendment) Act, 1983 and by President of India to deal with dowry death cases and of cruelty caused to married women . Ref: The essentials of forensic medicine and toxicology by Narayan Reddy, 27th edition, Page 259. [Online] [2015 March 25]. The Dowry system has existed in India for ages. from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=195 The tremendous increase in the proportions of evil compelled the Indian legislature to enact stern laws to curb it. The. In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence. Case of dowry death caused due to head injury. The tremendous increase in the proportions of evil compelled the Indian legislature to enact stern laws to curb it. Not only that, but the family members who are the witness of the crime are also reluctant to depose against the perpetrators. 2003. , where the medical evidence of a woman indicated injuries on her skull and fracture on the right side of her occipital region. Bombay High Court . This article focuses on the importance of medical evidence for the purpose of prosecuting the offenders of dowry death. Circumstantial Evidence and Dowry Death . The medical reports indicated the main reason for death to be shock and haemorrhage caused due to a head injury. The medical experts stated that she was in a condition to speak and clarified that if the larynx and trachea of a person are burnt then that person cannot speak. [Online] [2015 March 25]. The death must have been caused within 7 years of the marriage. Post mortems (PMs) of burns victims help establish whether there were any ante mortem injuries or poisoning, or post mortem burns, and provide some objective evidence to support allegations of dowry death. Available However, even after the enactment of the Act, the practise continued in some communities. 6. There is need to put early check on this rising menace which may destroy fabric of society, The offence of Rape is one of the most gruesome and barbarous crimes perpetrated against women. The main reason for death was asphyxia caused by hanging. 4. Forensic Medical evidence for the purpose of prosecut, brides in the safety of their matrimonial hom, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur 731302, DOR: 18.03.2015 DOA: 02.06.2015. or dowry and harassment caused to the bride. Burns was the most frequent method of causing dowry-death (82.3%), followed by poisoning (11.8%), and hanging (5.9%). This is an exhaustive article that explains the important role that medical evidence plays in cases of dowry death. Karnataka v. M.V. ng with their expectations will give idea to medical fraternity to fill the gap in demand leading to satisfied consumers. Unfortunately, the court overlooked the medical evidence in the instant case thereby making way for the accused to escape liability for murder, in a gory incident that snuffed the life of a young energetic woman. Relying on the medical evidence, the court held the accused guilty of dowry death. This is an exhaustive article that explains the important role that medical evidence plays in cases of dowry death. Finally, this Comment argues that absent explicit legislative intent to abrogate the slayer's rule, courts should strictly construe the FSGLI to preserve the rule and to disqualify the servicemember's exclusive family members when the servicemember is the slayer. State of Karnataka vs. Chowdegowda, Date of Judgment: 28.02. The woman must have been harassed by her husband or his relatives soon before the death. Medical evidence, thus, plays a very crucial role in placing the offenders of dowry death in the right place by shedding light on the actual cause of death. It’s very disgraceful for a society where a woman dies for not being able to give dowry and also very shameful where dowry is still being practised. Judgment: 26.04.2000; AIR 2000 SC 2324. As per the Section, the offenders shall be punished with imprisonment of a minimum of 7 years which could be extended to life imprisonment. Dowry death is the most barbarous form of crime in which a bride or a daughter-in-law loses her life merely because of somebody’s greed and avarice. The paper emphasizes on the significance and indispensability of Forensic Medical evidence for the purpose of prosecuting an accused for the offence. 688-90 of. View medical evidence dowry death.pdf from LAW BA LLLB at Banaras Hindu University,. In order to prohibit the repeated occurrences of this crime, the Dowry Prohibition Act, 1961 and Section 304B, Section 498A under Indian Penal Code, 1860 were introduced.Following is the synopsis of the provisions for dowry death under IPC: Cases of dowry death and bride burning continued to increase at a tremendous rate. Explanation: Inquest should be conducted by a Magistrate or police officer not below the rank of deputy superintendent of police, and autopsy should be carried out by two doctors in case of dowry death, or if the age of the woman is less than 30 years, who dies in suspicious circumstances. Such evidence, in turn, is reflective of the intent on the part of the accused. Medical Evidence, Alfred Elwell & Co. 1860. turned a deaf ear to all pleas of justice by married women who, time and again, have been tortured and forced upon by their husbands. 1341 of 2005, Date of Judgment: 11.10, G.P. The medical reports play a crucial role in establishing that death has been caused due to ‘unnatural’ circumstances which are an essential element of dowry death. Some jurisdictions have extended this rule to disqualify the slayer's exclusive family members from receiving the victim's insurance proceeds as beneficiaries. It was opined by the doctor that the woman was killed before she was burnt. The word dowry death has been defined in 304B Indian Penal Code and the term dowry has been defined in Section 2 of the Dowry Prohibition Act 1961. He found no water in the lungs or the wind pipe. A news item published on you tube website is an eye opener, it reads as “25 false rape cases in Punjab within a week after Delhi Gang rape case...Actually the women was in jail accused for giving a HIV injection to a child with a man.....the youth didn't get bail but this women got bail for such a heinous crime because she was a women.....There has been a sudden and bound to happen hike in registering of false rape cases with sensitizing of police for rape cases after Delhi Gang rape case of 16 December 2012 ....But now after many strict laws implemented and making of strict laws against rape I welcome that but be prepared for such false cases against you and prepare to go behind bars for nothing after a bad Dowry law and new tool and is being made for women to misuse against innocent men .....I am not against these strict for women laws but if such is the implementation then the situation is alarming.......!!!!”. By Sanchari Chattopadhyay Published On 2020-12-21T09:30:15+05:30 | Updated On 2020-12-21T18:10:37+05:30. The family members of the victim, being away from the scene of the crime are not equipped with the evidence that could incriminate the perpetrator apart from the evidence of demand for dowry. 07.01.2009; AIR 2009 SC 1242. (abetment of suicide) of the Indian Penal Code, 1860. responsibility of the forensic medical expert. However, the defence argued that she died due to a snake bite. The Act was constituted for the prohibition of the practice of dowry. The act of killing is done so secretly within the four walls of the house that it becomes extremely difficult for the prosecution to prove that it is a case of dowry death. The first step against dowry was taken in 1961 when the Dowry Prohibition Act, 1961 was enacted. and chest had small superficial abrasions. If the spouse or any of the dependent children covered under the FSGLI dies, the servicemember is the automatic beneficiary. 58 of 2002, Date of Judgment: The prosecution argued that she was killed and thrown in the well by her husband for not fulfilling the dowry demands. Judgment: 06.10.1994; AIR 1995 SC 120. The facts are as follows: When Mahadevamma married, there was an agreement between the families that an amount of 20000 along with 6 tolas of gold would be given as dowry in two instalments. Washington law review (Seattle, Wash.: 1962). After marriage, she was continuously demanded money by her in-laws. As per the medical evidence, the whole body of the woman was burnt and the bones of her skull were broken. 688-90 of 1993, Date of Sabharwal, J., H.K. Ramu Shankar Wagh Vs. State Of Maharashtra On 11 Feb 2014 . In the case of Deen Dayal v. State of UP 2009, the body of a dead woman was recovered from a well. State of Karnataka vs. M.V. Patil., J. Kans Raj vs. Section 304B of the Indian Penal Code, 1860 defines dowry death as, “If the death of a woman has been caused due to burns or any bodily injury or otherwise than under natural circumstances within the period of 7 years of her marriage and it is shown that prior to her death she was subjected to harassment by her husband or any of his relative for or in connection with the demand for dowry, then such death shall be called ‘Dowry Death’ and such husband and his relatives shall be deemed to have caused the death”. Further, the medical report clarified that the woman had a contusion on the left temporal region with hematoma. Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of “Dowry Death”. from: As regards the claim for parity of the case of the appellant with his mother and brother who have been acquitted, the High Court has rightly found his case to be distinguishable from the case of his mother and brother. The medical evidence clarified that she died due to asphyxia caused by compression of the neck and not by snakebite since there was no evidence of poison in her body. 8. … In the case of Rajeev Kumar v. State of Haryana, 2013, a dying declaration of a woman was recorded in which she told how her husband used to harass her and taunt her for bringing inadequate dowry and how she set herself to fire on getting tired of such conduct. If the servicemember is disqualified by the slayer's rule from receiving the benefits and has not designated a beneficiary, the statute provides an order of precedence for determining designation by law: the policy goes first to the widow or widower, and then to the children. Judgment: 06.10.1994; AIR 1995 SC 120. 14, State of Haryana, Criminal Appeal No. Available from: URL: Judgment: 07.01.2003; AIR 2003 SC 809. The medical experts opined that such kind of injury cannot be caused by falling into the well with water in it. Haryana, Criminal Appeal No. there were unfulfilled demands of dowry. 25]. [2]. Section 304B: Where the death of women is caused by any burns or bodily injury or any other circumstances within seven years and it is done by her husband or in-laws for dowry, the husband or relative shall be deemed to have caused for death and shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 17.12.2013; AIR 2014 SC 907. Available Medical evidence to prove the manner of death. These crimes are generally committed in complete secrecy inside the house and it becomes very difficult for the prosecution to lead evidence. Cases of dowry death and bride burning continued to increase at a tremendous rate. The medical evidence clarified that she died due to asphyxia caused by compression of the neck and not by snakebite since there was no evidence of poison in her body. | Powered by. The first step against dowry was taken in 1961 when the. 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