Section 304-B: A Common Trap

criminal mh_cet_law beginner trick_question

Section 304-B deals with dowry death; it says, "Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death."

The trap is this - what if the husband is not related to the woman? Can he be charged under 304-B? Most people get this wrong and say "yes", since the section doesn't explicitly exclude relatives. But let me tell you, it's not that simple.

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