Monday, 20 June 2022

Dowry And Cruelty

 Dowry And Cruelty 

By Shagun Mahendroo

The term dowry is defined under the Dowry Prohibition Act of 1961 rather than the Indian Penal Code. Any property or valuable security given or agreed to be given directly or indirectly: by one party to a marriage to the other party to a marriage; by the parents of either party to a marriage or by any other person to either party to a marriage or to any other person at or before or at any time after (on three occasions) the marriage in connection with the said parties' marriage is defined in the act.

Customary payments, on the other hand, are common in many civilizations, such as those made at the time of a child's birth.

The following laws were enhanced in conjunction with the Dowry Prohibition Act of 1961:

The IPC's Section 304B (dowry death)

The International Criminal Code (IPC) Section 498A (cruelty by husband or his relatives)

IEA 113 B is a document published by the International Energy Agency (IEA) (presumption as to dowry death)

Death through Dowry: The following are the three factors required to prove the offence punishable under Section 304-B IPC:

the accused's dowry demand and harassment;

the death of the departed;

The death of the dead occurred in an unnatural manner.

A presumption of dowry death emerges when harassment for dowry payment occurs within seven years of the marriage and an unnatural death occurs within that time frame. When a death occurs as a result of the husband's or in-laws' mistreatment or harassment for dowry, and the death occurs in an unnatural manner, this Section applies.

Section 498a of the IPC contains the following provisions:

The Criminal Law (Second Amendment) Act of 1983, which went into force on December 25, 1983, inserted Section 498-A to the Indian Penal Code. This section indicates concern for the weaker spouse's safety. Women have been subjected to men's whims and caprices throughout history, particularly in the husband-wife relationship.

The following elements are listed in Section 498A of the Indian Penal Code:

It is required that the woman be married.

She had to have been subjected to some sort of abuse or harassment.

The woman's husband or a relative of her husband must have perpetrated this abuse or harassment.

According to Section 498-A of the Indian Penal Code, anyone who cruelly treats a woman faces a maximum sentence of three years in prison and a fine. Harassing a woman with the intent of coercing her or any person related to her into meeting any unlawful demand for property or valuable security, or on the basis of her or any person related to her failure to meet such demand, is cruelty for the purposes of Section 498-A IPC, according to Clause (b) of the Explanation to that Section.

Cruelty Under Sections 498a And 306 IPC: The primary difference between Sections 498-A and 306 IPC is intent. Cruelty by the husband or his relatives pushes the wife to commit suicide under Section 498-A IP.C, whereas suicide is helped and planned under Section 306 1 P.C. The definition of cruelty under Section 498A IPC and the consequences under Section 306 IPC differ by individual and are also dependent on the subject's social and economic status. Cruelty for the goal of committing an offence does not always have to be physical; in some situations, mental torment or aberrant behaviour can be considered cruelty and harassment. Mental cruelty, of course, differs from person to person, depending on the intensity and degree of endurance; some may face it with bravery, while others may succumb.

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