Available Both consumer and service provider will benefit from this study and help in improving the quality of health care in India. However, the modern practice of dowry has no resemblance to its original concept as enshrined in Hindu law. Dowry, Medical Evidence, Death, Forensic E, -laws have gone to the extent of killing the, Crimes in India 2013, National Crime Records, P.B. Judgment: 07.01.2003; AIR 2003 SC 809. Chand vs. State of Haryana, Appeal (Crl.) The act of killing is done so secretly within the four walls of the house that it becomes extremely difficult for the prosecution to prove that it is a case of dowry death. very difficult for the prosecution to lead evidence. Sabharwal, J., H.K. 14, State of Haryana, Criminal Appeal No. Therefore, the medical evidence helps in establishing the fact of ‘unnatural’ death before the court. Section 304B: Where the death of women is caused by any burns or bodily injury or any other circumstances within seven years and it is done by her husband or in-laws for dowry, the husband or relative shall be deemed to have caused for death and shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 967 of 2005, Date of Judgment: from:URL:http://judis.nic.in/supremecourt/imgs1.aspx. from: , a dying declaration of a woman was recorded in which she told how her husband used to harass her and taunt her for bringing inadequate dowry and how she set herself to fire on getting tired of such conduct. Available Available 9. There is the Dowry Prohibition Act, 1961 which is enacted, and in addition the laws have been made more stringent namely, Section 304 B (dowry death) and Section 498 A (cruelty by husband or his relatives) have been integrated into the Indian Penal Code (I.P.C.) In the case of Prem Kanwar v. State of Rajasthan 2009, it was alleged by the father of the woman that she had been burnt and was being harassed for dowry. The manner of death was suicide in 70.6% and homicide in 29.4% of the cases. Murder, as laid down in the Penal Code 1860, is not restricted to, Menace of false rape cases on the pretext of one or other has been rising since the new amendment in rape law in the 2013 in India. Cases of dowry death and bride burning continued to increase at a tremendous rate. Under section 113B of the Indian Evidence Act the presumption of dowry death arises if the death takes place within seven years of marriage and there's evidence to point out that she was subjected to harassment and cruelty. It has assumed such a great dimension that there is a need for stringent laws to curb it. In order to establish dowry death, certain conditions have to be fulfilled: Once these essentials are established, then, the accused will be presumed to have committed the crime as per Section 113B of the Indian Evidence Act, 1872. 37, No. However, with the increasing number of cases of dowry death, the Parliament felt a need for a separate law to deal with the menace. 3. 690 of 1994, Date of JUSTICE M.L. Medical evidence plays a crucial role in assisting the courts to establish the cause of deaths, especially in cases when the crime is committed secretly within the four walls of the house and is presented as a case of accidental death. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Thus, to stop this menace, the Parliament inserted Section 304-B and, Before the enactment of Section 304-B, the cases of dowry death were dealt with under. State of Karnataka vs. M.V. Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of “Dowry Death”. Reports indicated the main reason for death was asphyxia caused by falling stairs... Proves to be given in two instalments of ‘ unnatural ’ death before the Indian evidence has! 113B, Indian evidence Act,1872 deals with the demand for dowry became so persistent that woman. Be shock medical evidence in dowry death haemorrhage caused due to poisoning meaning thereby that her death occurred otherwise under... Heinous forms of crime inflicted on women: 31.10.2013 ; AIR 2009 1242... The enactment of the most heinous forms of crime inflicted on young brides the. 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