dowry death case
krishna
(Querist) 20 December 2017
This query is : Resolved
me and my family sister and husband all were booked under 304b case after my wife committed suicide by hanging in laws alleged in the fir that we have tortured and killed her for dowry we never haraassed her or asked for dowry we are on bail now
krishna
(Querist) 20 December 2017
its been over six months now the chargesheet is filed and the case is about to commit to the sessions what will be the defence in this case how to prove we never asked dowry how long does the case takes to finish
Advocate Kappil Cchandna
(Expert) 20 December 2017
Sir,
If you can share the charge Sheet then only a defense can be suggested ...
Warn Regards
Kapil Chandna Advocate
9899011450,9911218741
Sudhir Kumar, Advocate
(Expert) 20 December 2017
it is unfortunate part that in this case the onus of proof is on the accused.
krishna
(Querist) 21 December 2017
onus of proof on accused is that means that the prosecution does not have to prove anything?just saying the things that never happened is enough for conviction?does'nt it matter that we are innocent
krishna
(Querist) 21 December 2017
this question is to mr.sudhir kumar i have seen some answers by you regarding 304b cases and you say that a death of bride within 7years is enough for conviction of the family if that so does'nt matter that the family is innocent?
P. Venu
(Expert) 21 December 2017
No meaningful suggestion is possible unless the charge report is seen. There is no need to be over concerned about the alleged onus of proof if you are really innocent. Trust your lawyer to take care of the situation.
Dr J C Vashista
(Expert) 25 December 2017
What is the opinion and advise of your lawyer?
Why do you need second opinion of experts on this platform except the fact it is available FREE OF COST?
It (expert's advice) may be disastrous in your defence as the same shall differ due to inherent reasons of incomplete facts of case, different strategy,intelligence level, expertise and experience..
Sudhir Kumar, Advocate
(Expert) 25 December 2017
Yes it does not matter if accused is innocent. But that does not mean that there can be no acquittal.
You can read section 304B.
[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation
For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
This is also supported by section 113B of evidence act
113B. Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.
Explanation
For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).
The prosecution has to prove that:-
1. There was a marriage
2.. The marriage was not more than 7 years old.
3. There was death of bride.
4. Death was not natural.
5. There was dowry demand before death.
Now it is absolutely clear that you who have to prove that it is not a dowry death. Your being innocent is immaterial if you are not able to prove the same.
You cannot disprove the existence/date of marriage/death. You cannot disprove the mode of death. You can try to disprove absence of cruelty relating to dowry demand . If you fail to do so then " such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death."
P. Venu
(Expert) 25 December 2017
Obviously, like any other criminal case the onus of proof vests, initially, on with the prosecution. This onus of proof shifts to the shoulders of the accused only when the prosecution establishes 'beyond any reasonable doubt' that:
- death was not natural; and
- there was dowry demand before death.
Moreover, even when the onus of proof shifts to the shoulders of the accused, the standard proof is that of 'preponderance of probability' and not that of 'beyond reasonable doubt'.
