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Law Relating To Dowry Offences |
Cruelty to Married Women |
What does the law provide as regards case of cruelty to married women? |
A new Section 498A has been added in the Indian Penal Code under Chapter XXA. Under this Section a husband
or his relative who commit cruelty upon the wife can be jailed for upto a three years and fine.
Here cruelty means any wilful conduct of a person that is likely to drive the woman to commit suicide or to cause her serious physical, mental or moral injury. It also means harassment to force her or her relatives to meet an unlawful demand for property or valuable security (a document that guarantees certain legal rights to some one). Criminal Law Second Amendement Act. 1983). |
Is cruelty to a married women a cognisable offence? |
Yes. To make it a cognisable offence information about the offence must be given to an officer in charge of the police station by the woman or by any person related to her by blood, marriage or adoption, or by a specified public servant (government officer). |
Is it a bailable offence? |
No. The offender has no right to get bail. He can get bail only on application to the Magistrate and at the latter's
discretion. |
Which is the competent court to try an offence of cruelty? |
A Magistrate of the first class or a Metropolitan Magistrate. |
Can any court take cognisance of the offence of cruelty? |
A court cannot start a case against the accused person without a police report of the offence or a complaint by the
aggrieved person or her father, mother, brother, sister or her father's or mother's brother or sister. With the
permission of the court a criminal case can also he filed by any other person related to her by blood; marriage or
adoption.
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Is the harassment with a view to coercing the wife or person related to her to meet any unlawful demand of dowry would constitute cruelty a ground of divorce under Hindu Marriage Act 1955? |
Yes. The Supreme Court in Sobha Rani v. Madhukar Reddy (AIR 1988 SC 121) for the first time accepted that demand for dowry amounts to cruelty entitling the wife to get a decree for dissolution of marriage. |
Dowry Death |
What is dowry Death? |
If a women dies due to burns or bodily injury and in suspicious circumstances within seven years of her marriage and if it is shown that just before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with demands for dowry, such death will be known as "dowry death". In this case her husband or his relatives will be considered to cause her death. (Section 304 - BIPC) |
What is the punish merit for dowry death? |
A guilty person can be jailed from seven years to life imprisonment (20 years). |
How serious is the offence of dowry death? |
Causing dowry death is cognisable offence, and a police officer can arrest the accused person without a warrant.
It is also a non-bailable offence, the granting of bail being left to the discretion of the Magistrate. |
What court can try an offence of dowry death? |
Only a Court of Session can conduct a trial for the offence of dowry death. |
Is there any time limit for the offence of "dowry death"? |
Yes. Within seven years of the victim's marriage. |
Police Enquiry |
By an amendment to Section 174 of the Criminal Procedure Code a police officer has been given the authority to investigate the following cases without warrant:
- sucide by a woman within seven years of her marriage;
- death of a woman within seven years of her marriage, if there is a reasonable suspicion that some one has committed an offence on her before her death'
- death of a woman within seven years of her marriage, when any of her relatives make a request to the police officer to investigate the matter;
- in case of any doubt regarding the cause of death.
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What is expected of the offiver in charge of a police station when he is informed of a case of unnatural death? |
The officer in charge of a police station, when he receives information, must enquire about the unnatural death (caused by suicide, accidents by animal or machinery, or murder), or death in suspicious circumstances. He must immediately inform about it to the nearest Executive Magistrate having the power to hold an inquest. Thereafter the police officer must go the place where the body lies. There in the presence of two or more respectable persons of the locality he must make an investigation and draw up a report regarding the cause of death. The report must contain a description regarding the wounds, fractures, marks of injury found on the body and the manner in which the death has occurred and the type of weapon by which the injury was caused.
The report must be signed by the police officer and the witnesses and forwarded to the District Magistrate or the Sub-Divisional Magistrate.
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What is the power of the police officer to send the dead body for examination? |
If a Police Officer considers it expedient, he may send the dead body for examination to the nearest Civil Surgeon, or any authorised medical practitioner. In such a situation he must take into consideration, the weather, the distance and the condition of the body (Section 176 Cr. P.C) |
What Magistrates are empowered to hold inquests? |
Any district Magistrate, or Sub-Divisional Magistrate, or any other Magistrate especially given power of conduct inquest (Section 176 Cr. P.C.) |
Magisterial Enquiry |
What are the rules regarding magisterial enquiry? |
Section 176 of the Code of Criminal Procedure demands an inquiry by a Magistrate when any person dies in
police custody or when a woman commits suicide or dies in suspicious circumstances within seven years of
marriage.
The nearest Magistrate who has the power to hold the enquiry into the cause of death may do it either instead of or in addition to the investigation held by the police officer. He must record the evidence taken by him, if he finds it necessary, examine the dead body to find the cause of death.
Whenever possible, the Magistrate must inform the close relatives (parents, children, brothers, sisters and spouse) of the dead about the enquiry and allow them to be present at the enquiry. |
The Indecent Representation of Women (Prohibition) Act, 1986 |
What is the name of this law? |
This law is known as "The Indecent Representation of Women (Prohibition) Act, 1986. |
When was it enacted? |
It was enacted on the 23rd of December, 1986. |
Why was this Act enacted? |
It was enacted to prohibit indecent representation (indecent exhibition) of women through advertisements or in publications, writings, paintings, figures or in any other manner. |
Is there any other law relating to obscenity in India? |
Yes, Sections 292,293 and 294 of the Indian Penal Code. (See Appendix)
Why was it necessary to have a separate legislation to prohibit obscenity? In spite of the above provisions of the Indian Penal Code, indecent representation of women in publications, especially in advertisements, were multiplying every day. This has the effect of denigrating women. It also corrupts persons, especially the youth. So it was felt necessary to have a separate legislation to effectively prohibit the indecent reprsentation of women through advertisements, books, pamphlets etc. |
What are the specific objectives of the Act? |
This Act aims-
- to define indecent representation of women;
- to prohibit all advertisements, publications etc., which contain indecent representation of women in any form;
- to prohibit selling, distribution, circulation of any book, pamphlet etc., containing indecent representation of women;
- to punish the guilty.
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To which areas of India does this Act extend? |
It extends to the whole of India except the state of Jammu and Kashmir. |
When did this Act come into operation? |
On the 23rd of December, 1986.
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Definitions |
What are the meanings of the following terms used in this Act? |
In the Act-
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"Advertisement" includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas;
- "distribution" includes distribution by way of samples, whether free or otherwise;
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"indecent representation of women" means the depiction in any manner of the figure of a woman, her form or body or any part of it in such a way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals;
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"label" means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package;
- "package" includes a box, carton, tin or other containers. Read More...
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