304b ipc
MARIE at law
(Querist) 12 March 2012
This query is : Resolved
Dear Sir
Is there any time bound for RDO inquiry in 304b cases ?
If the police can reg. a case directly304b ipc without crpc 174? (girl suicide at her parental home)
Inthat case How the RDO inquiry valid without crpc174?
Is it right that RDO refused to hear our statement?
Deepak Nair
(Expert) 12 March 2012
Dear Mr.Mariappan,
What made you ask this query?? Please put some more details so as to get satisfactory answer??
ajay sethi
(Expert) 12 March 2012
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 nay 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.
The Supreme Court in , Natabar Parida v. State of Orissa, remarked : 'if it is not possible to complete the investigation within a period of 60 days, then even in serious and ghastly types of crimes the accused will be entitled to be released on bail. Such law may be a "paradise for the criminals", but surely it would not be so, as it is sometimes supposed to be, because of the Courts. It would be so under the command of the Legislature."
if investigations are not completed within 90 days and charge sheet filed you would be netitled to bail
ajay sethi
(Expert) 12 March 2012
Section 174(3) of the Criminal Procedure Code, 1973 as amended in 1983 makes a
"postmortem" mandatory in a number of cases of suicide when:
a. the case involves the suicide by a woman within seven years of her
marriage-, or
b. the case relates to the death of a woman within seven years of her
marriage in any circumstances raising a reasonable suspicion that some
other person has committed an offence in relation to such woman; or
c. the case relates to the death of a woman within seven years of her
marriage and any relation of the woman has requested for it; or
d. there is a doubt regarding the cause of death; or
e. the police officer for any other reason considers it expedient to do so.
Kiran Kumar
(Expert) 12 March 2012
well explained by Mr. Sethi
the answer lies in the provisions itself.
Shonee Kapoor
(Expert) 12 March 2012
Agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arvind Sehdev
(Expert) 13 March 2012
Agree with Mr.Ajay , A query well explained....
Deepak Nair
(Expert) 14 March 2012
Dear Mr.Ajay,
Thanks for sharing this.
ajay sethi
(Expert) 14 March 2012
thanks for your appreciation experts
