False 304(b) & sc/st act

Sub-section (1) of Section 304B of IPC is reproduced as under:

“304-B. 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).”

In the case of Sunil Bajaj v. State of M.P., (2001) 9 SCC 417, at page 420, Supreme Court has held that the essential ingredients of the offence under Section 304B IPC are as under:

“5. … In order to convict an accused for an offence under Section 304-B IPC, the following essentials must be satisfied:

(1) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances;

(2) such death must have occurred within 7 years of her marriage;

(3) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relatives of her husband;

(4) such cruelty or harassment must be for or in connection with demand of dowry.”

Therefore, unless all the aforesaid ingredients are satisfied, it is not possible to convict a person under Section 304-B of IPC. Moreover, also remember that the definition of “dowry” has some further strict ingredients that must be satisfied to bring the offence within the mischief of Section 304-B IPC.

From the brief facts narrated by you, it appears that Section 304B IPC may not be attracted in your case; however, one has also to see what is the prosecution version before giving any firm opinion. You’ll also have to face the fact that normally courts have pro-women tilt.

Engage some good advocate who should concentrate on showing that the above ingredients are not fulfilled in your case. You can try for quashing of the case, but you should do so with the full knowledge that generally the courts are not willing to quash the cases at such preliminary stage. If you have no problems of money, you may try your luck since even if you lose in getting the case quashed you do not lose anything except some professional fee.

“Marriage within 7 years”, is just one of the ingredients. But, there are other necessary ingredients. Even if one ingredient is not satisfied, the offence will not be said to be completed.

The fact that you had married the same lady who belonged to the SC community, may perhaps go in your favour in respect of the charge under SC/ST Act, i.e., the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. If you had the intention to insult her or her family members in the name of the caste, you would not have married her perhaps. Offence under Section 3(1)(x) of the said SC/ST Act requires “intention” as an ingredient, which may perhaps be missing in your case.

Sorry. Duplicate reply sent. Hence, deleted.

Thanks a lot for your reply sir & your reply gives me more strength and confidence to face this case. Sir pls reply for this alone, if i approach quash for this case in High court means max how much expenses will take? Pls do reply for this alone sir.

Thanks,

Suresh

You will have to ask the advocate whom you are going to engage about the professional fee that he would be charging. Since every advocate would be charging his own fee, I cannot make a comment about this. Please contact the advocate concerned for this purpose.

sir

 some people / office cooliauge register a false complaint in my name under 3(1)(x) sc, st act . iam a govt. employee sir guide me what i can do.

Dear Sir,

My father in law filed a fake dowry death case 304 (B) against me and my parents, for that i have remanded for 1 month and after few months now charge sheet put and 1st hearing gonna come in few days, now my father in law wants to withdraw that case, Is it possible to withdraw that case?What is the procedure to withdraw the case? Kindly suggest sir.

Thanks,

Suresh.P