Indian Penal Code,1860; Section 304B [BNSS,2023; Section 80] –To constitute a ‘dowry death’, punishable under Section 304- B7 IPC, following ingredients must be satisfied: i. death of a woman must have been caused by any burns or bodily injury or it must have occurred otherwise than under normal circumstances; ii. such death must have occurred within seven years of her marriage; iii. soon before such death, she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and iv. such cruelty or harassment must be in connection with any demand for dowry- The phrase ‘otherwise than under normal circumstances’ is wide enough to encompass a suicidal death. (Para 12)
Indian Evidence Act,1872; Section 113B [BSA,2023; Section 118]- When all the above ingredients of ‘dowry death’ are proved, the presumption under Section 113-B8 of the Evidence Act is to be raised against the accused that he has committed the offence of ‘dowry death’. What is important is that the presumption under Section 113-B is not in respect of commission of an act of cruelty, or harassment, in connection with any demand for dowry, which is one of the essential ingredients of the offence of ‘dowry death’. The presumption, however, is in respect of commission of the offence of ‘dowry death’ by the accused when all the essential ingredients of ‘dowry death’ are proved beyond reasonable doubt by ordinary rule of evidence, which means that to prove the essential ingredients of an offence of ‘dowry death’ the burden is on the prosecution (Para 13)
Indian Evidence Act,1872- Merely because a piece of evidence is admissible does not mean that it must be accepted. Before accepting the evidence to hold that the fact in issue stands proved beyond reasonable doubt, the Court must evaluate the same against the weight of surrounding circumstances and other facts proven on record. (Para 16)