Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin
Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin Report 202 â Proposal to amend Section 304-B IPC Dowry ... - Jeywin
4 present reference has been a fall out of a Court’s Order. However, the Commission found a lot of misgivings and misapprehension associated with the subject of dowry death. Dowry death is quite often confused with the offence of murder. There may be instances where the two may overlap with each other. This gives rise to demand for parity in the matter of sentence in both these cases. Nevertheless, the two offences are distinct and independent offences. The Commission felt the finer nuances need to be spelt out clearly for their better understanding and appreciation. This will help in dispelling the ambiguity and confusion shrouded the notion of dowry death vis-à-vis murder. The utility of this Report lies in providing clarity on the subject for its correct understanding and appreciation and will help in effectively dealing with the cases of dowry deaths by the concerned authorities. Yours sincerely, (Dr. Justice AR. Lakshmanan) Dr. H.R. Bhardwaj, Hon’ble Minister for Law & Justice, Government of India, Ministry of Law & Justice, Shastri Bhawan, New Delhi-110 001
5 CONTETS Chapter - I Introduction 1 1.1 Scope of Inquiry 1 1.2 Earlier report of the Commission on the subject 1 1.3 Inadequacy of existing law 2 1.4 Reference to the Commission 3 Chapter - II 1.5 Culpable homicide and varied Punishments 4 1.6 Question in issue Dowry death and the law 7 2.1 Dowry - a social evil 6 7 2.2 Law to regulate dowry 9 2.3 Offence of dowry death 2.4 Present scenario 2.5 Sections in IPC which prescribe capital punishment 16 2.6 Death sentence - Code makers' View 17 2.7 Death sentence only in rarest of rare cases – guidelines 18 2.8 Some of the cases where the Hon'ble Supreme Court has commuted capital punishment to life imprisonment 27 10 14
- Page 1 and 2: GOVERNMENT OF INDIA LAW COMMISSION
- Page 3: 3 While dealing with the subject, t
- Page 7 and 8: 7 CHAPTER-1 INTRODUCTION 1.1 Scope
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- Page 13 and 14: 13 ***** CHAPTER-2 DOWRY DEATH AND
- Page 15 and 16: 15 too, but legislation is necessar
- Page 17 and 18: 17 marriage and it is shown that so
- Page 19 and 20: 19 2.3.4. There are three occasions
- Page 21 and 22: 21 of offence. Section 304B is a su
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- Page 27 and 28: 27 extenuating circumstances which
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- Page 31 and 32: 31 of Punjab (1983) 3 SCC 470, the
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- Page 49 and 50: 49 29. At this stage, we may note t
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- Page 53 and 54: 53 distinct offences. A person char
5<br />
CONTETS<br />
Chapter - I Introduction 1<br />
1.1 Scope of Inquiry<br />
1<br />
1.2<br />
Earlier report of the Commission<br />
on the subject 1<br />
1.3 Inadequacy of existing law 2<br />
1.4 Reference <strong>to</strong> the Commission 3<br />
Chapter - II<br />
1.5 Culpable homicide and varied<br />
Punishments 4<br />
1.6 Question in issue<br />
<strong>Dowry</strong> death and the law 7<br />
2.1 <strong>Dowry</strong> - a social evil<br />
6<br />
7<br />
2.2 Law <strong>to</strong> regulate dowry 9<br />
2.3 Offence of dowry death<br />
2.4 Present scenario<br />
2.5 <strong>Section</strong>s in <strong>IPC</strong> which prescribe<br />
capital punishment 16<br />
2.6 Death sentence - Code makers'<br />
View 17<br />
2.7 Death sentence only in rarest of<br />
rare cases – guidelines 18<br />
2.8 Some of the cases where the<br />
Hon'ble Supreme Court has<br />
commuted capital punishment <strong>to</strong><br />
life imprisonment 27<br />
10<br />
14
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