Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: High Court Of Bombay (Nagpur Bench) Bench: G.A. Sanap, J. Mangesh vs. State of Maharashtra on 17 November, 2022 Law Point: Merely because of evidence of doctor as to cause of death appellant-husband cannot be held guilty of offence punishable under section 304B of IPC JUDGEMENT 1. In this appeal, the appellant challenges the […]
Court: SUPREME COURT OF INDIA Bench: Rajesh Bindal Charan Singh @ Charanjit Singh vs State of Uttarakhand on 20 April 2023 Law Point: Unnatural Death Of Wife In Matrimonial Home Within 7 Years Of Marriage In Itself Not Sufficient To Convict Husband For Dowry Death JUDGEMENT 1. The appellant, who was husband of the deceased, […]
HIMACHAL PRADESH HIGH COURT JUSTICE Sandeep Sharma Indu Bala Vs. State of Himachal Pradesh On 22 May 2018 Law Point: Sections 498A, 304B, 34 — Normal rule is of bail and not jail — Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment, character of accused, […]
RAJASTHAN HIGH COURT JUSTICE Pankaj Bhandari BASRAM Vs. STATE OF RAJASTHAN THR. P.P. On 7 March 2018 Law Point: Section 304B — Bail — Dowry Death — Charge sheet not filed within period of 90 days — Date of remand included in calculating period of 90 days or 60 days — Holiday on last day […]
PATNA HIGH COURT JUSTICE Ravi Ranjan, J. & Prakash Chandra Jaiswal Ashok Prasad Sah @ Ashok Prasad Vs. State Of Bihar On 13 May 1994 Law Point: Indian Penal Code, 1860 — Sections 304B, 201 — Evidence Act, 1872 — Section 113B — Dowry Death — Disappearance of Evidence — Presumption — Prosecution utterly and […]
CALCUTTA HIGH COURT JUSTICE Siddhartha Chattopadhyay Nabin Chandra Giri & Ors. Vs. State Of West Bengal On 27 November 2017 Law Point: Indian Penal Code, 1860 — Sections 304B, 498A — Dowry Death — Cruelty — Circumstantial Evidence — Benefit of doubt — No convincing evidence that deceased subjected to torture soon before her death […]
BOMBAY HIGH COURT JUSTICE Rohit B. Deo Raju Vs. State Of Maharashtra On 29 January 2018 Law Point: Section 498A — Cruelty — Dowry death — Accidental burns — Dying declaration — Acquittal under Section 306, IPC — Death within 7 years of marriage — Sessions Judge could not have relied upon verbal and written […]
Patna High Court JUSTICE Aditya Kumar Trivedi Triloki Rai & Anr. Vs. State Of Bihar On 18 December 2017 Law Point: Section 304B — Dowry Death — Death of deceased by sustaining burn injuries within 7 years of marriage — Absence of conclusive evidence of demand of dowry as well as torture soon before death […]
Court: Madhya Pradesh High Court Bench: JUSTICE J.P. Gupta Shiv Dhar & Anr. Vs. State Of Madhya Pradesh On 6 April 2017 Law Point: Indian Penal Code, 1860 — Sections 306, 304B, 498A — Cruelty — Dowry Death — Abetment to Suicide — Appeal against Conviction — There is no dispute as to nature of […]
Court: Bombay High Court Bench: JUSTICE S.S. Shinde, J. & S.M. Gavhane State Of Maharashtra Vs. Govardhan Vithal Govande & Ors. On 20 July 2017 Law Point: Criminal Procedure Code, 1973 — Section 378(3) — Indian Penal Code, 1860 — Sections 304B, 498A, 306, 34 — Appeal against Acquittal — Dowry Death — Cruelty — […]