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

88
“There is ample evidence which shows that the appellant has
harassed and ill-treated the deceased for dowry and the
circumstances point out that he has caused the death of the
deceased. Therefore, we find the appellant (A-1) guilty of
the offence under Section 302 IPC”
3.10 . Recommendation.
In view of the aforesaid, we do not recommend amendment
of Section 304-B of the Indian Penal Code, 1860 to provide for
death sentence as the maximum punishment in the case of a dowry
death.
3.11 Valedictory remark.
Before parting, we would like to reiterate the rider
enunciated by the Supreme Court in its judgment in the case of K.
Prema S.Rao Vs Yadla Srinivasa Rao AIR 2003 SC 11 at p.11
(para 27) to the effect that “the Legislature has by amending the
Penal Code and Evidence Act made Penal Law more strident for
dealing with punishing offences against married women. Such
strident laws would have a deterrent effect on the offenders only if
they are so stridently implemented by the law courts to achieve the
legislative intention”. We may add that the enforcement agencies
too will have to be more sensitive and responsive to the needs of
the situation arising from the incidents of dowry death. Dowry
deaths are manifestation of socio-economic malady prevailing in
the society. This has to be addressed at different levels so as to
curb the menace of dowry deaths and not at the legal redressal
level