Karan Singh vs State Of Haryana 2025 INSC 133 - S 304B IPC - S 113B Evidence Act - Dowry Death

Indian Evidence Act 1872 - Section 113B - The presumption under Section 113-B will apply when it is established that soon before her death, the woman has been subjected by the accused to cruelty or harassment for, or in connection with, any demand for dowry. Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or in connection with any demand of dowry soon before her death. Unless these facts are proved, the presumptions under Section 113-B of the Evidence Act cannot be invoked. (Para 8)

Indian Penal Code 1860 - Section 304B - Essential ingredients : a) The death of a woman must have been caused by any burns or bodily injury, or must have occurred otherwise than under normal circumstances; b) The death must have been caused within seven years of her marriage; c) Soon before her death, she must have been subjected to cruelty or harassment by the husband or any relative of her husband; and d) Cruelty or harassment must be for, or in connection with, any demand for dowry- If the aforesaid four ingredients are established, the death can be called a dowry death, and the husband and/or husband's relative, as the case may be, shall be deemed to have caused the dowry death. Section 2 of the Dowry Prohibition Act, 1961 provides that dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to the other party to the marriage or to any other person. The dowry must be given or agreed to be given at or before or any time after the marriage in connection with the marriage of the said parties. The term valuable security used in Section 2 of the Dowry Prohibition Act, 1961 has the same meaning as in Section 30 of IPC. (Para 7) Section 304-B of the IPC was brought on the statute book in 1986. This Court has repeatedly laid down and explained the ingredients of the offence under Section 304-B. But, the Trial Courts are committing the same mistakes repeatedly. It is for the State Judicial Academies to step in. (Para 17)

Summary: SC allowed appeal and set aside concurrent conviction of appellant under Section 498A and 304B IPC.