Guidelines for Trial of Dowry death cases Punishable Under section 304 B of IPC: Supreme Court
Guidelines for Trial of Dowry death cases Punishable Under section 304 B of IPC: Supreme Court Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos. 1735-1736 OF 2010 SATBIR SINGH & ANOTHER Vs STATE OF HARYANA Author: N. V. RAMANA, CJI. Dated:MAY 28, 2021 36. At the cost of repetition, the law under Section 304B, IPC read with Section 113B, Evidence Act can be summarized below: i. Section 304B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand. ii. The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304B, IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113B, Evidence Act operates against the accused. iii. The phrase “soon before” as appearing in Section 304B, IPC cannot be construed to mean ‘immediately before’. The prosecution must establ