Indian Penal Code, 1860 · Chapter XVI: Of Offences Affecting the Human Body · Of offences affecting life
Section 304B: Dowry death
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) 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.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 304B
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Smt. Bhagwati Devi v. State of Uttarakhand
Issue arose whether the order of conviction u/s.498-A IPC and consequential sentence imposed on the appellant-mother-in-law can be sustained on the basis of the material evidence.
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Virender Pal @ Vipin v. State of Haryana
Issue arose as regards correctness of High Court order dismissing the appeal of the accused-appellant and upholding his conviction u/s.304-B of Penal Code, 1860.
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Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited
In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of…
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Shakuntla Devi v. The State of Uttar Pradesh
Issue arose as to the correctness of the order passed by the High Court wherein the appellant’s conviction u/ss.304B and 498A IPC and ss.3 and 4 of the Dowry Prohibition Act, 1961 was converted into that u/s.306 IPC.
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Chellammal and Another v. State Represented by the Inspector of Police
Whether the appellants could be granted the benefit of probation either u/s.360(1) of CrPC or u/s.4 of the Probation of Offenders Act, 1958; whether the High Court was justified in not extending the benefit of probation…
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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Shabeen Ahmad v. The State of Uttar Pradesh & Anr.
Matter pertains to the correctness of the order passed by the High Court granting bail to in-laws of the deceased wife, charged for causing dowry death of the deceased.
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Karan Singh v. State of Haryana
The Trial Court convicted the appellant for the offences punishable u/ss.304-B and 498-A of IPC; By the impugned judgment, the High Court has confirmed the conviction and sentence.
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Ram Pyarey v. The State of Uttar Pradesh
Correctness of the order of conviction against the brother-in-law for the offences punishable u/ss.306, 498-A IPC and s.4 of the Dowry Prohibition Act, 1961, in the absence of any cogent evidence.
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Shoor Singh & Anr. v. State of Uttarakhand
High Court, if justified in acquitting the parents-in-laws and the husband of the victim-daughter-in-law of the offences punishable u/ss.304-B and 498-A IPC.
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Somprabha Rana & Ors. v. The State of Madhya Pradesh & Ors.
High Court, if justified in disturbing the custody of the child, aged one year and five months at the time of passing the order, by handing over the custody of the child to her father and paternal side relatives from…
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Chabi Karmakar & Ors. v. The State of West Bengal
The appellants have been convicted u/ss.498A, 304B and 306 r/w.s.34 of the IPC. The Trial Court had convicted sister-in-law (appellant no.1), husband (appellant no.2) and mother-in-law of the deceased and sentenced them…
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Anees v. The State Govt. of NCT
Murder of appellant-accused’s wife in their house in which the appellant, deceased and their 5 year old daughter lived. s.106, Evidence Act, 1872 was invoked and the appellant was convicted u/s.302, IPC for the murder.…
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Ravinder Kumar v. State of NCT of Delhi
1) Whether circumstantial evidence is sufficient to convict the accused; 2) Whether burden of proof u/s. 106 Evidence Act can be on accused before the prosecution proves its case; 3) Whether recovery pursuant to…
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Paranagouda and Another v. The State of
Whether the courts below were justified in convicting and sentencing the accused for the offences punishable u/ss. 498A, 304B read with s. 34 IPC and ss. 3 and 4 of Dowry Prohibition Act; whether the conviction of the…
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Phulel Singh v. State of Harayana
Whether in the totality of the circumstances, it can be said that the dying declaration (Ex. P.L.) is free from doubt; whether evidence prove beyond reasonable doubt that the deceased was harassed on account of…
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