ABSTRACT:
The common custom in India during a marriage is giving a dowry to the groom. Dowry is a gift that can be gold, cash, or a vehicle offered by the bride’s family to the groom’s family. After the solemnization of the marriage, the woman is tortured in demand of additional dowry by her husband and in-laws. The term dowry death is used to describe the unnatural death of a woman who was either murdered or was forced to commit suicide by her husband or in-laws in an attempt to demand a dowry. Dowry death has been identified as an offense under section 304B of the Indian Penal Code (hereinafter referred to as IPC). Legislature has introduced some dowry laws and has incorporated a few provisions to reduce dowry deaths in India. In this current research paper, the researcher will explain the burden of proof in dowry death cases with the help of case laws. The researcher shall also explain the presumptions drawn under sections 113A, 113B of the Indian Evidence Act 1872 (hereinafter referred to as IEA), the shifting of burden in dowry death cases, and the difference in the application of sections 113A and 113B of IEA. Further, the researcher may also look into the loopholes if there are any.
KEY WORDS: Dowry death, section 304B IPC, section 113B IEA, harassment, cruelty.