Dowry and dowry-related crimes: India - Revision history

Pdewan: /* Arrests under 498A */

2025-06-15T18:48:18Z

‎Arrests under 498A

Jyoti: /* SC */

2023-12-23T20:23:17Z

‎SC

Pdewan: /* Not all unnatural deaths within 7 yrs of marriage are dowry deaths: SC */

2023-12-15T19:48:35Z

‎Not all unnatural deaths within 7 yrs of marriage are dowry deaths: SC

Jyoti at 06:02, 13 November 2023

2023-11-13T06:02:22Z

Jyoti: /* Dowry deaths and the courts */

2023-04-27T13:21:36Z

‎Dowry deaths and the courts

Pdewan: /* Dowry deaths */

2023-04-22T14:51:13Z

‎Dowry deaths

Jyoti: /* Dowry deaths */

2021-07-05T20:15:10Z

‎Dowry deaths

Pdewan: Pdewan moved page Dowry-related crimes: India to Dowry and dowry-related crimes: India without leaving a redirect

2021-07-03T21:37:47Z

Pdewan moved page Dowry-related crimes: India to Dowry and dowry-related crimes: India without leaving a redirect

Pdewan at 22:07, 14 October 2017

2017-10-14T22:07:20Z

Pdewan at 22:02, 14 October 2017

2017-10-14T22:02:28Z

@@ Line 13: / Line 13: @@
-According to the guidelines, investigating officers have to fill a checklist of parameters mentioned in Section 41 of CrPCbefore arresting an accused.
+[[Category:Crime|DDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA
+DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
-Failure to comply would make the officers liable for departmental action and contempt of court.Magistrates who authorise detention without recording the reasons shall also be liable for departmental action by the high court.
+[[Category:India|DDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA
+DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
-The HC’s directions are intended to ensure that police officers do not arrest accused unnecessarily in Section 498A cases and magistrates do not authorise detentions casually and mechanically.
+[[Category:Law,Constitution,Judiciary|DDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA
+DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
-The state government will have to instruct police officers accordingly, telling them that they must satisfy themselves about the necessity of arrests under parameters laid down in CrPC, according to the HC guidelines.
+[[Category:Name|ALPHABETDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA
+DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
-The police officer shall present the filled checklist along with the reasons andmaterials/evidence that necessitated a Section 498A arrest while producing the accused before a magistrate for further detention. The magistrate should authorise further detention only after examining the officer’s report and recording his satisfaction.
-−
-At the same time, the guidelines specify that a decision not to arrest an accused under Section 498A should be given in writing to the magistrate within two weeks from the date of the institution of the case. The district SP may extend that period but with reasons recorded in writing.
-−
-Police must serve an accused notice of appearance under Section 41 of CrPC within two weeks of the case filing date, the Tripura high court guidelines state.
 =Cases registered under the Dowry Prohibition Act=

← Older revision		Revision as of 20:23, 23 December 2023
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	The Supreme Court has said that all unnatural deaths of women in the matrimonial home within seven years of marriage cannot be termed dowry death cases if the cause of death is not known. A bench of Justices Abhay S Oka and Rajesh Bindal acquitted a man convicted under Sections 304B (dowry death) and 498A (cruelty) and was awarded seven-year imprisonment after his wife died within two years of marriage. The trial court had convicted the man and awarded 10-year jail term. His conviction was upheld by Uttarakhand HC but his sentence was reduced to seven years. He then moved the SC. Criminal proceedings were initiated against him after the woman’s father filed a complaint. The SC said it had to be proved that the deceased was subjected to cruelty or harassment before her death. Granting relief to the man, the court said as per the statement of the woman’s father, dowry demands were made in the initial months of marriage. However, there was nothing in the statement to show that any such demand was raised immediately before her death.		The Supreme Court has said that all unnatural deaths of women in the matrimonial home within seven years of marriage cannot be termed dowry death cases if the cause of death is not known. A bench of Justices Abhay S Oka and Rajesh Bindal acquitted a man convicted under Sections 304B (dowry death) and 498A (cruelty) and was awarded seven-year imprisonment after his wife died within two years of marriage. The trial court had convicted the man and awarded 10-year jail term. His conviction was upheld by Uttarakhand HC but his sentence was reduced to seven years. He then moved the SC. Criminal proceedings were initiated against him after the woman’s father filed a complaint. The SC said it had to be proved that the deceased was subjected to cruelty or harassment before her death. Granting relief to the man, the court said as per the statement of the woman’s father, dowry demands were made in the initial months of marriage. However, there was nothing in the statement to show that any such demand was raised immediately before her death.
		+
		+	===Calcutta High Court 2023===
		+	[https://epaper.indiatimes.com/article-share?article=15_12_2023_013_020_cap_TOI Aheli Banerjee, Dec 15, 2023: ''The Times of India'']
		+
		+
		+	Kolkata : A woman’s suicide within seven years of marriage does not automatically attract the provisions of abetment against her husband and in-laws, the Calcutta HC said Wednesday, overturning the conviction of a man accused of abetting his wife’s suicide.
		+
		+	Section 113A of the Indian Evidence Act establishes the presumption of abetment by a husband and in-laws in cases where a woman’s suicide transpires within seven years of marriage and she has been subjected to cruelty.
		+	The HC highlighted that the mere occurrence of suicide within seven years of marriage is insufficient to trigger the presumption of abetment, stressing the need for concrete evidence indicating cruelty by the accused. Justice Rai Chattopadhyay said the prima facie evidence of cruelty was lacking in this case.
		+
		+	The accused husband had been convicted by a trial court in Purulia in 2012 and sentenced to seven years of rigorous punishment based on an FIR filed by his wife’s father two years earlier. During the appeal in Calcutta HC, the husband argued that most witnesses were declared hostile during the trial, and there was no substantial evidence to support the conviction.
		+
		+	The HC concurred, noting that all witnesses denied knowledge of the cause of the woman’s death. The court criticised the trial judge for engaging in guesswork by recording that the woman must not have been in a position to share her agony or the torture to anyone, and in guessing that the birth of a girl child was the cause of torture. “It appears that the judge has proceeded on absolutely erroneous considerations…,” said the HC, while setting aside the conviction.

	[[Category:Crime\|DDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA		[[Category:Crime\|DDOWRY AND DOWRY-RELATED CRIMES: INDIADOWRY AND DOWRY-RELATED CRIMES: INDIA

@@ Line 85: / Line 85: @@
 =Dowry deaths and the courts=
-== Not all unnatural deaths within 7 yrs of marriage are dowry deaths: SC==
+== Not all unnatural deaths within 7 yrs of marriage are dowry deaths==
 Not all unnatural deaths within 7 yrs of marriage can be termed dowry deaths/ TNN
 The Supreme Court has said that all unnatural deaths of women in the matrimonial home within seven years of marriage cannot be termed dowry death cases if the cause of death is not known. A bench of Justices Abhay S Oka and Rajesh Bindal acquitted a man convicted under Sections 304B (dowry death) and 498A (cruelty) and was awarded seven-year imprisonment after his wife died within two years of marriage. The trial court had convicted the man and awarded 10-year jail term. His conviction was upheld by Uttarakhand HC but his sentence was reduced to seven years. He then moved the SC. Criminal proceedings were initiated against him after the woman’s father filed a complaint. The SC said it had to be proved that the deceased was subjected to cruelty or harassment before her death. Granting relief to the man, the court said as per the statement of the woman’s father, dowry demands were made in the initial months of marriage. However, there was nothing in the statement to show that any such demand was raised immediately before her death.
 ==Delhi HC on Dowry-related suicides==

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 |}
 = Cases registered under the Dowry Prohibition Act=
 ==2012==
 ''' Andhra Pradesh tops list in dowry cases in 2012 '''
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 [[Dowry: Pakistan ]] <>
 [[Dowry prohibition laws: India]]

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 =Dowry deaths and the courts=
 ==Delhi HC on Dowry-related suicides==
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 "Government conducts awareness generation programmes and publicity campaigns on various laws relating to women including Dowry Prohibition Act, 1961 through workshops, fairs, cultural and training programmes, seminars etc," the minister said.
 [[Category:Crime|DDOWRY AND DOWRY-RELATED CRIMES: INDIA

@@ Line 65: / Line 65: @@
 “The desks will be set up in six months,” said an official from the department.
-=Dowry deaths=
+=Dowry deaths and the courts=
 ==Delhi HC on Dowry-related suicides==
@@ Line 122: / Line 122: @@
 "Government conducts awareness generation programmes and publicity campaigns on various laws relating to women including Dowry Prohibition Act, 1961 through workshops, fairs, cultural and training programmes, seminars etc," the minister said.
 =Prevalence of dowry in India =

← Older revision		Revision as of 20:15, 5 July 2021
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	"Government conducts awareness generation programmes and publicity campaigns on various laws relating to women including Dowry Prohibition Act, 1961 through workshops, fairs, cultural and training programmes, seminars etc," the minister said.		"Government conducts awareness generation programmes and publicity campaigns on various laws relating to women including Dowry Prohibition Act, 1961 through workshops, fairs, cultural and training programmes, seminars etc," the minister said.
		+
		+	=Prevalence of dowry in India =
		+	== 1960-2008: community-wise survey==
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2021%2F07%2F03&entity=Ar02025&sk=0A7B9FFA&mode=text July 3, 2021: ''The Times of India'']
		+
		+
		+	Christians and Sikhs have shown a sharp increase in dowry, leading to higher average dowries than Hindus and Muslims, while average net dowry in Muslim marriages is only slightly lower than among Hindus and has remained stable, a study of about 40,000 marriages that took place in rural India between 1960 and 2008 has shown.
		+
		+	The analysis is based on data from 2006 REDS — the most recent source of dowry data for India — covering 17 states that contain about 96% of India’s population, according to a blog on the World Bank site.
		+
		+	The blog focuses on rural India, where it says dowry remains widespread despite being illegal since 1961. According to the 2006 Rural Economic and Demographic Survey (REDS), dowry was paid in 95% of marriages during 1960-2008, it said. “Dowry is positively correlated with higher caste status and the caste hierarchy of dowry payments has not changed over time. Upper caste marriages have the highest dowries, followed by OBCs, SCs, and STs,” according to the blog titled Evolution of Dowry in rural India: 1960-2008 written by S Anukriti, Nishith Prakash and Sungoh Kwon.
		+
		+	It said that although the trend in average dowry is flat at the national level, there were substantial differences across states over time.
		+
		+	The authors said Kerala displayed stark and persistent dowry inflation since the 1970s and has the highest average dowry in recent years. Other states with inflationary trends are Haryana, Punjab, and Gujarat. “Given Kerala’s religious composition — 26% Muslims, 18% Christians, and 55% Hindus — this trend is compatible with the differential trends by religion described earlier. Similarly, the inflationary trend in Punjab — a majority Sikh state — is also consistent with the rise in Sikh dowries. On the other hand, average dowry decreased in Odisha, West Bengal, Tamil Nadu, and Maharashtra,” according to the blog.
		+
		+	[[Category:Crime\|D
		+	DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
		+	[[Category:India\|D
		+	DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
		+	[[Category:Law,Constitution,Judiciary\|D
		+	DOWRY AND DOWRY-RELATED CRIMES: INDIA]]
		+	[[Category:Name\|ALPHABET
		+	DOWRY AND DOWRY-RELATED CRIMES: INDIA]]

	=See also=		=See also=

← Older revision		Revision as of 22:07, 14 October 2017
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