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A Critical Analysis Of The Offence Of Dowry Death




Anannya Saxena & Chintanippu Nandadeep, Symbiosis Law School Hyderabad


ABSTRACT


Even after Section 304B of the Indian Penal Code (IPC) was introduced in 1986, dowry deaths are still an unfortunate reality in India. This paper looks at the laws pertaining to dowry deaths, focusing on Section 304B. It evaluates the efficacy of the clause in discouraging the abhorrent activity and suggests possible changes to improve its implementation.


The study will examine the main points of Section 304B, such as the idea of "dowry death," the seven-year period following marriage, and the demand for cruelty or harassment in exchange for dowry. The study will examine how these factors have been interpreted by case law, emphasizing how judges have interpreted the term "soon before death." Furthermore, the research will critically assess the challenges associated with prosecuting dowry deaths. These may include issues of burden of proof, societal pressures on families, and the potential misuse of the provision. The paper aims to propose evidence-based reforms to enhance the effectiveness of Section 304B. This could involve legislative changes, improved investigative practices, and fostering victim support mechanisms.


Keywords: Dowry Death, Section 304B, IPC, Deterrence, Legal Reforms

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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