Post-marital crimes such as post-marital rape, dowry death, female feticide, cruelty (including mental or physical abuse), infanticide, marriage, adultery and desertion can be defined as post-marital crimes.

Marital crimes are crimes committed during a woman's marriage. The matrimonial home is the residence where a woman lives with her husband, whether it is rented, legally provided for, or owned by the man or his family. There is no specific law that guarantees a woman the right to remain married to her husband, but she has that right as long as they are married. There are many different forms of adultery, such as adultery, dowry and child illegitimacy. However, the prerequisites only apply to certain crimes.

Dowry Death:

Brides who commit suicide or are killed shortly after marriage by the husband and his family because they are not satisfied with the dowry are considered dowry deaths. Usually the wife was abused at home by her husband's family. Most dowry deaths involve the young woman killing herself because she can no longer bear the abuse and suffering. Most of these suicides are committed by fire,poisoning or hanging. If a woman is killed by setting fire to her husband or father-in-law, it is called "bride burning"; sometimes it is confused with suicide or an accident.

Crimes Related To Dowry:

The Dowry was not considered evil overnight in our society. Its roots run deep in the customs and practices of our society.

When parents gave their daughter a groom, they did so lavishly, handing over cash, jewelry and other possessions to her as a token of love and affection. The tradition of offering daughters large sums of money and other goods as confirmation of marriage was first referred to in the teachings of Manu as "yautraka", which means "gift of material objects" in Sanskrit. The bride, who was their daughter, received the stridhan or kanyadhan instead of the groom.

The term "dowry" is defined in the Dowry Act, 1961 ("the Act"). Any property or other security of value claimed by one of the parties, their parents or any other person close to them, by the other party, their parents or any other related person before, during or after the marriage. law, it is called dowry. The direct or indirect giving or receiving of property or other valuable security for the aforementioned purposes is referred to in this Act as "owner". The legal definition of the word as applied in the context of Islamic personal law excludes words that contain a pause or more.

#Death By Dowry

In 1986, Section 304-B of the IPC added a new offense known as "complicit death". The provisions of Section 304-B are stricter than the provisions of Section 498-A of the IPC. Under Section 3 of the Dowry Prohibition Act, 1961, gifts given at the wedding of the bride or the groom, if no application is made, is not a penalty for giving or taking dowry or reasons for dowry.

Death By Dowry (sec 304-B)

If the death of the wife is due to any reason bodily injury or it occurs in ordinary circumstances within seven days of her marriage and it is proved that immediately before her death her husband or his relative treated her cruelly or cruelly demanding dowry, a similar death is called a dowry death and it is believed that her death was caused by a similar man or relative. A widow is sentenced to imprisonment which must be at least seven times but may extend to life imprisonment.

Explanation In this subsection, dowry has the same meaning as in section 2 of the Dowry Prohibition Act, 1961. bodily injury or otherwise in normal circumstances. Death should have occurred 7 times after his marriage. The woman had to subject her husband or one of his relatives to cruelty or abuse. similar cruelties or abuses be associated or related thereto. similar atrocity or cruelty should have been stopped just before his death. If the death of the wife is caused by the circumstances below, it is assumed that the husband and male relative caused the death of the dowry and are responsible for the crimes, unless the contrary is proven.

According to the discipline under section 304-B of the Criminal Code, the perpetrator of dowry death is punished with imprisonment of up to seven years. but which can result in life imprisonment. Grouping of offenses U/s 304-B is cognizable, non-compoundable. Non-correctable death by ethnic Court of Session dowry and under Section 113-B of the Proceedings Act, 1872. Presumption of dowry death If the question is whether the death is due to the woman's dowry and it is proved that immediately before her death a similar woman committed some cruelty or cruelty to a similar person for demanding a dowry.

The court must assume that the death of the dower was caused by a similar person. Explanation In this section, dowry death has the same meaning as in section 304-BIPC. Sher Singh@ partapa v/s State of Haryana SC for a two-judge bench (Vikramjit Sen and Kurian Jospe Joseph JJ) dealing with Section 304-B of the IPC and Section 113-B of the Reasoning Act as follows: Coercion can discharge the prima facie burden of proof under Section 304-B;

Once the presence of accomplices is established or proved or proved by execution, even overwhelmingly, the original presumption of innocence is replaced by the presumption of guilt of the accused, thus changing the difficult evidence on him and removing him. to provide evidence that eliminates his guilt beyond a reasonable doubt. Hansraj V. State of Punjab In this case, the SC said that the expression "ordinary circumstances" does not mean natural death.

Rameshwer Das V. State of Punjab, 2008 In that case, SC said that pregnant women, a woman would not commit suicide unless the relationship with her husband goes to such an extent that she is forced to do so, the accused will probably be convicted, can not prove. her defense.

Dowry Prohibition Act, 1961, Section 2 Definition of dowry In this Act, dowry means "any property or valuable security given or agreed upon either directly or indirectly". One party to the other spouse or the parents of both parties or any other person. Proposal of marriage to both parties or any other person before or before or at any time in connection with the marriage of said parties, but does not include dowry or mahr to persons subject to special Islamic law (Sharia).

References:

1. National Crime Records Bureau
2. BBC Report On Vawg
3. Supreme Court Reporters

Written By: Zeeshan Tamanna, School Of Legal Studies - Central University Of Kashmir (J&K)