What is Section 304B in India?
What is Section 304B in India?
Dowry death. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] 1.
What is dowry Prohibition Act Section 304B is?
Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry then the death of the …
Are Section 498A and section 304 B mutually exclusive?
There can be a conviction under both sections 498A and 304B are not mutually exclusive even though they deal with different and distinct offences.
Is Section 498A IPC bailable?
498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.
Is bail possible in 304B case?
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, circumstances which are peculiar to the accused involved in that crime — Petitioner is sister-in-law of deceased — Resides …
Is 304 a bailable Offence?
Is IPC 304 bailable or non-bailable offence? IPC 304 is a Non-Bailable offence.
Is dowry Act bailable?
Dowry is the property and money that a bride brings to her husband’s house at the time of her marriage. Section 498A of the IPC makes ‘cruelty by husband or relatives of husband’ a cognizable and non-bailable offence and includes within its purview dowry related harassment of the wife.
How long is dowry case jail?
The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage.
Which is common to both section 304B and section 498A of IPC?
State of Tamil Nadu’, that cruelty is a common essential in offences under both the sections 304B and 498A of IPC.
What is the difference between 498 and 498A?
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.
What evidence proves 498A?
The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.
How do I get bail in IPC 304b?
There is no such certain formula to obtain bail. It depends upon the situation and proximity of accused with the deceased , in such type of cases every case is a different case. If you can prove and satisfy the court you have nothing to do with the case or allegation then chances are there.
What is the description of IPC Section 304B?
Description of IPC Section 304B. According to section 304B of Indian penal code, Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any
What is the punishment for IPC 304B dowry death?
IPC 304B Offence: Dowry death. What is the punishment for IPC 304B Case? The punishment for IPC 304B is Imprisonment for not less than 7 Years, but upto Life. Is IPC 304B cognizable offence or non-cognizable offence?
Which is case law applies to section 304-b?
For applicability of S. 304-B death must have occurred within 7 years of marriage but no such period is mentioned in S. 498-A. (Diff b/w S. 304B & 498A). Case Law :- Harjit Singh v. State of Punjab
Is the charge of 304B and s.498b mutually exclusive?
Charge – S. 304B & S. 498B are not mutually exclusive. They deal with two distinct offences. But an accused can be convicted under both the sections and if it is done so, then no separate sentence should be imposed keeping in view the substantive sentence being awarded for major offence u/s 304B.