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BS Shekhawat   26 April 2020

dowry complaint

my daughter being pressurised to get dowry and beaten


Learning

 4 Replies

Archit Uniyal   26 April 2020

Hi,

Really sad to hear what your daughter and your family is going through right now.

The Indian laws that make dowry a punishable offence are:

Section 498 A:

Under this section whoever be it husband or relatives of the husband of a woman subjecting her to cruelty shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

Section 113 B of Indian Evidence Act (presumption as to dowry death):

Under this section, a presumption of dowry death is created when it is shown that soon before the death of the woman she was subjected to cruelty or harassment for or in connection with any demand for dowry then the court presumes that the person who subjected her to cruelty or harassment has caused the dowry death.

In the case Pandurang Shivram Kawathkar Vs State of Maharashtra (2001) the Hon'ble Supreme Court observed that mere demand for dowry before marriage is also an offense

Section 198-A CrPC - For the commission of an offence under Section 498-A, following necessary ingredients require to be satisfied:

  1. The woman must be married
  2.  She must be subjected to cruelty or harassment
  3. Such cruelty or harassment must have been shown either by the husband of the woman or by the relative of her husband (U. Suvetha v. State, (2009)

When harassment is committed for the purpose of coercing a woman or any other person related to her to meet any unlawful demand for property, etc. that it amounts to “cruelty” punishable under Section 498-A IPC. (State of A.P. v. M. Madhusudhan Rao, (2008))

You may also give this article a read which talks about dowry prohibition laws in India. Here is the link

https://www.lawyersclubindia.com/articles/Dowry-prohibition-Laws-in-India-8877.asp

 

I hope this solves your query.

Regards,
Archit

Dr J C Vashista (Advocate)     26 April 2020

Whether your daughter has filed any complaint against beating for dowry demand?

Has she received any injury and treatment / MLC done?

alok sinha   26 April 2020

sir, you can file a complaint with Crime Against Women Cell, formed to handle such complaints.

P. Venu (Advocate)     26 April 2020

Yes, Law offers many a remedy to your daughter.


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