Scribd
Upload
281 views2 pages

Dowry Death State of Himachal Pradesh v. Nikku Ram

This document discusses three court cases related to dowry deaths in India: 1) State of Himachal Pradesh v. Nikku Ram discusses different types of dowry demands made before, during, and after marriage. Demands made after marriage can be considered part of the marriage consideration. 2) Appashaheb v. state of Maharashtra defines dowry as any property or valuable security given in connection with the marriage, whether before, during, or after. There must be a connection between the giving of property and the marriage. 3) Baldev Singh v. State of Punjab involved demands for dowry in addition to a wife's share of ancestral property. Letters established dowry demands, so the

Uploaded by

Aditya Maheshwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
281 views2 pages

Dowry Death State of Himachal Pradesh v. Nikku Ram

This document discusses three court cases related to dowry deaths in India: 1) State of Himachal Pradesh v. Nikku Ram discusses different types of dowry demands made before, during, and after marriage. Demands made after marriage can be considered part of the marriage consideration. 2) Appashaheb v. state of Maharashtra defines dowry as any property or valuable security given in connection with the marriage, whether before, during, or after. There must be a connection between the giving of property and the marriage. 3) Baldev Singh v. State of Punjab involved demands for dowry in addition to a wife's share of ancestral property. Letters established dowry demands, so the

Uploaded by

Aditya Maheshwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

DOWRY DEATH

State of Himachal Pradesh v. Nikku Ram

A. Dowry, dowry and dowry.


B. We have mentioned about dowry thrice, because this demand is made on three occasions:
(i) before marriage; (ii) at the time of marriage; and (iii) after the marriage. Greed being
limitless, the demands become insatiable in many cases, followed by torture on the girl,
leading to either suicide in some cases or murder in some.
C. Even if after marriage to be construed as a part of consideration for marriage.
D. No prior agreement required
E. Despite the aforesaid definition having stated that the property or valuable security given
or agreed to be given has to be as "consideration for the marriage", demands made after
the marriage could also be a part of the consideration, according to us, because an
implied agreement has to be read to give property or valuable securities, even if asked
after the marriage, as a part of consideration for marriage, when the Dowry Prohibition
Act was enacted, the legislature was well aware of the fact that demands for dowry are
made, and indeed very often, even after the marriage has been solemnized, and this
demand is founded on the factum of marriage only. Such demands, therefore, would also
be, in our mind, as consideration for marriage.
F. In the present case the injuries as found on the person of Roshani could not have caused
here death, despite the demands being dowry, the offence would not attract the mischief
of Section 304-B.
G. Cannot be held liable under section 306 because abetment under section 107 r/w 498 r/w
113 A cannot be established and is thus no reliable evidence to hold that Roshani was
being harassed within the meaning of Explanation (b) of Section 498-A.

Appashaheb v. state of Maharashtra

Facts: Written Notes

In view of the aforesaid definition of the word "dowry" any property or valuable security
should be given or agreed to be given either directly or indirectly at or before or any time
after the marriage and in connection with the marriage of the said parties. Therefore, the
giving or taking of property or valuable security must have some connection with the
marriage of the parties and a correlation between the giving or taking of property or valuable
security with the marriage of the parties is essential. Being a penal provision it has to be
strictly construed. Dowry is a fairly well known social custom or practice in India. It is well
settled principle of interpretation of Statute that if the Act is passed with reference to a
particular trade, business or transaction and words are used which everybody coversant with
that trade, business or transaction knows or understands to have a particular meaning in it,
then the words are to be construed as having that particular meaning.
Baldev Singh v. State of Punjab

Facts: Written notes

It is true that demanding of her share in the ancestral property will not amount to a
dowry demand, but the evidence of PW.4 and PW.5 shows that the demands were in
addition to the demand for her share in the ancestral property. Certain letters which were
brought on record clearly establish the demand for dowry. The conviction as recorded by the
trial court and upheld by the High Court does not warrant any interference. However, the
custodial sentence appears to be on the higher side. The same is reduced to the minimum
prescribed i.e. 7 years. In the ultimate result, with the modification of sentence, the appeal
stands disposed of.

You might also like