Section 304B in The Indian Penal Code, 1860
304B. Dowry death.—
(1) Where the death of a woman is caused by any burns or bodily ... 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
doubt Section 306 IPC read with Section 113A of the
Evidence Act is wide enough to take care of an offence
under Section 304B also ... appellants cannot be
convicted under Section 116 IPC either by linking it with
Section 306 or with Section 304B. Hence the conviction and
sentence passed
offence were mentioned in the Statement of Charges framed under section
498A and Section 304B of IPC. The statement of charge framed by the trial ... evidence
on which accused No. 1 was charged under Section 498A and Section 304B, the
accused can be convicted and sentenced under Section
case of torture in order to attract
Section 498A together with ingredients of charge under
Section 304B which stands disbelieved by the High Court ... such a conversion.
The High Court in introducing Section 302 in place of
Section 304B , it has been submitted not only committed a
grave error
caused the
dowry death. A conjoint reading of Section 113B of the Evidence Act and
Section 304B IPC shows that there must be material ... presumption raised under Section 113B
of the Evidence Act. Concurrent findings of the courts below convicting
the appellants under Section 304B IPC is based upon
striking down of Section 8A of the Dowry Act,
Section 113B of the Evidence Act, and possibly Section 304B of the IPC, but
neither decision ... postulation of Section 101 of the Evidence Act. The purpose of Section
113B of the Evidence Act and Section 304B
tackled by
the introduction of a new provision in 1986 - Section 304B in the
Penal Code together with another new provision Section 113B ... older brother and his wife but convicted the appellant under Section
304B and sentenced him to undergo rigorous imprisonment for seven
years, which
case of this nature, the husband
could be prosecuted under Section 302. Section
304B and Section 306 of the Indian Penal Code.
The distinction ... death"."
xxx xxx xxx
30. The ingredients of Section 306 and Section
304B are different and distinct. In any event, no
evidence
words ‘soon
before’ appear in Section 113B of the Indian Evidence Act, 1872 and also in
Section 304B of the IPC. For the presumptions contemplated ... these realities. The
presumption under Section 113B of the Indian Evidence Act, 1872 and the
presumption under Section 304B of the IPC have a purpose
Explanation.—For the purposes of this section, ‘dowry death’ shall have the
same meaning as in Section 304B of the Indian Penal Code ... presumption under Section 113B of the Act is mandatory may be contrasted
with Section 113A of the Act which was introduced contemporaneously.
Section 113A
