- 04 Feb, 2022
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Apex Court On How To Interpret Section 304B Indian Penal Code,1860
Apex Court On How To Interpret Section 304B Indian Penal Code,1860
– Varun Singh, 1st Year, MNLU
In the recent Case Of Satbir Singh V. State Of Haryana [ LL 2021 SC 260 ], division bench of
Hon’ble Supreme Court Of India enumerated few guidelines to deal with S.304B IPC cases. Few Of
them are:
- Section 304B IPC vis-à-vis Section 113B Indian Evidence Act: 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, then the rebuttable presumption provided u/s
113B of Indian Evidence Act operates against the accused. - The Interpretation Of Phrase ‘Soon Before’ in Section 304B IPC: The Phrase ‘Soon
Before’ as appearing in Section 304B IPC cannot be construed to mean ‘immediately before’.
‘Soon Before’ is a relative term which is required to be considered under specific circumstances
of each case. In relation to dowry deaths, the existence of cruelty or harassment to the deceased
are not restricted to a particular instance but normally refer to a course of conduct. Such
Conduct may be spread over a period of time. Proximate and Live Link between the effect of
cruelty based on dowry demand and the consequential death is required to be proved by the
prosecution. - Right Of Accused: The Court said that the usage of rebuttable presumption of casuality u/s
113B Indian Evidence Act creates a greater responsibility on judges, defense and prosecution.
They need to be extra careful during conducting trials relating to section 304B IPC. It ought to
be noted that the examination of an accused u/s313 crpc cannot be treated as a mere procedural
formality, as it is based on the fundamental principle of Fairness and it enables the accused to
offer an explanation for the incriminating material appearing against him. The court must put
incriminating circumstances before the accused and seek his response.
Hence, among the other few guidelines the Apex Court in the above case passed the above
mentioned guidelines which impact the prosecution of Section304B Cases.