Analyzing The 91st Report of The Law Commission of India

Analyzing the 91st Report of the Law Commission of
India
In its 91st report in 1986, the Law Commission took up the issue of 'Dowry Deaths and Law
Reforms' suo - moto. Existing laws on the topic can be seen as the result of the earlier activities
of the Commission on this sector. Normally, where the details of any dowry-related death
occurrence, or for that purpose any offence, are those that unambiguously fulfill and prove the
legal ingredients of a crime already known to the law, such as murder in the event of dowry
death, in such a case the statute can be used to bring the perpetrator to book. In this context, in its
91st report referred to above, the Law Commission acknowledged two impediments in relation
with cases of dowry death, namely, firstly, that the facts could not entirely fit into any known
offence; and, secondly, 7 difficulties in having evidence of facts clearly incriminating the
condition in cases of dowry-related death. 1
Therefore, in Section 304B, which was included in the Indian Penal Code , 1860 with effect from
November 19, 1986, a new offence of dowry death was created. The section provides for a
period of imprisonment that must not be less than seven years, but which can be extended to life
imprisonment. The section embraces a legal fiction whereby the husband or the relative involved
is presumed to have caused the death of the dowry in a situation where there are the requirements
prescribed in the section and then burden shifts on the husband or, as the situation may be, to
refute the assumption enshrined in the section by cogent proof to prove that the husband did not
cause the death of the dowry. iIn addition, Section 113A was incorporated in the Indian Proof
Act in 1983, allowing for the assumption of abetment to suicide by a married woman if the
requirements stated in that section are fulfilled.2
Inadequacy of the existing law.

Notwithstanding the above legal amendments, there has been no instance of a substantial
decrease in the cases of dowry deaths. In order to instill required deterrence in the law, this gave
rise to appeals for capital punishment / death penalty for the crime of dowry death. There are
some, on the other hand, who warn of the misuse of dowry-related laws and plead for their
1
https://legalaffairs.gov.in/sites/default/files/status%20of%20law%20commission%20report_0.pdf
2
http://lawcommissionofindia.nic.in/51-100/report91.pdf
repeal. Before answering these opposing views, it may be fitting to state how the provisions
relating to Dowry Death issues have to be dealt with and what can be done to enhance / amend
them and how they can be made versatile with the current changing times so that they can not
only be misused but can also serve justice to the real sufferers of this heinous crime.
Culpable homicides and varied punishments.

All homicides are not murders, warranting capital punishment. As a consequence of causing
serious harm, there may be culpable homicide that does not amount to murder, causing death by
rash and negligence. Depending on the extent and gravity of an offence in a particular situation,
various punishments / punishments have been issued for different forms of homicide. The ideals
of penology require that penalty must be proportionate, pragmatic and sufficiently deterrent to
the severity of the offence, taking proper consideration of its ultimate effects at all applicable
perspectives, psychological , political and financial, etc. Therefore, the matter of the adequacy or
otherwise of the penalty for death by dowry will have to be taken into account in this sense. The
penalty for the crime of death by dowry is imprisonment for not less than seven years, which can
be extended to life imprisonment. The debate now is whether capital punishment is applied to it
because dowry deaths are undoubtedly the most abhorrent. If we carefully review the provision
of Section 304B, we will notice that the offence is in a manner fictional by statute, whereby the
crime of dowry death is assumed to have been conducted if in a particular case those conditions
are met. These conditions are four in number, namely;
(I) the death of women is caused by any burning or injury to the body or happens other than
in usual circumstances,
(ii) The woman's death occurred within seven years of her marriage.
(iii) The woman was subjected to cruelty or harassment by her husband or some relative of
her husband soon before her death,
(iv) Such cruelty or harassment has been perpetrated because of, or in accordance with, any
demand for dowry.

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Analyzing the 91st Report of the Law Commission of

Inadequacy of the existing law.

Culpable homicides and varied punishments.

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