Report 202 – Proposal to amend Section 304-B IPC Dowry ... - Jeywin

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While dealing with the subject, the Commission had to
choose between two options available to it. The first was to
comprehensively examine the subject of dowry death in all its
related aspects such as definition of dowry administration and
enforcement of the legal regulation, and accountability of the
concerned agencies etc. and thereby endeavour to codify afresh the
law on dowry death in its entirety. The second was to confine its
consideration only to the point referred to it i.e. whether Section
304-B be amended to provide for death sentence? The
Commission chose the second option. In its 91 st report, the
Commission has already examined the subject of ‘Dowry Death
and Law Reforms’. The existing law on the subject could be
largely attributed to the recommendations made therein. Besides,
the Commission was of the view that pointed focus would be
necessary to clear certain doubts and misgivings associated with
the cases of dowry death.
The Commission examined Section 304-B IPC in the light
of various judicial pronouncements and critically dealt with the
substantive as well as procedural aspects of the subject. The
Commission finds that the offence of murder is not the same thing
as the offence of dowry death. Though death of bride may be a
common element in both the offences, the absence of direct
connection between the husband and the death of wife
distinguished the offence of dowry death from the offence of
murder and is a strong mitigating factor. Besides, the presumptive
character of the offence of dowry death and cardinal principle of
proportionality as well as the underlying scheme of the Penal Code
go against the proposed prescription of death sentence in case of
dowry death. It may be pertinent to point out that where a case of
dowry death also falls within the ambit of the offence of murder,
awarding death sentence is legally permissible. Of course, the
guidelines laid down by the Supreme Court for award of death
sentence, especially, the dictum of ‘rarest of rare case, may have to
be adhered to in such cases as well.
Thus having given its careful consideration to the subject,
the Commission reached the conclusion that there is no warrant for
amending Section 304-B IPC to provide for death sentence. That
being so, one may wander as to what then has been the necessity
for submitting such a report where only status quo is recommended
to be maintained and no further change in the law is suggested. In
other words, what is the utility of making a negative
recommendation instead of a positive one. The Commission was
seized of this aspect especially, having regard to the fact that the