Nature created women different from men with a definite purpose. Balance is stillness and stagnation; imbalance is motion and progress. Nature designed life and action by means of the imbalance brought about in the traits of men and women.
In the process, women find themselves at the receiving end. They ended up as the weaker half of society by their very nature and are naturally handicapped in a world of men, by men, for men. In a world where strength commands charity and weakness receives cruelty, a woman is at a great disadvantage. She has suffered all types of cruelty and humiliation all along centuries with patience and in silence.
This part of woman is symbolized, in tradition by calling her as the Mother Earth who bears all sufferings. The cardinal principle of the survival of the fittest applies to the weak, natural attributes of woman which renders her less fit for survival than man. She must live at his mercy and on his charity, silently bearing all his atrocities unless and until society in an enlightened mood comes to her rescue.

What is dowry?

1. Anything transacted or agreed to be transacted between the parties of the marriage is dowry.

2. Any transaction or demands for such a transaction which was not agreed upon by concerned parties in connection with marriage falls beyond the scope of dowry.

What constitutes offence in dowry death cases?

1. Offences under the Dowry Prohibition Act:

a) Giving and taking dowry after 2-10-1985 is an offence except customary presents, given to bride or bridegroom in keeping with the donor's financial status without any demand. The offence is punishable u/s: 3 of the Act.

b) Demanding dowry from the spouse's relatives or guardians is an offence from 2-10-1985. The offence is punishable u/s: 4 of the Act.

c) A person failing to give to the bride dowry received by him as customary presents; or to her children or to parents in that order if she dies because of unnatural cause within seven years of her marriage. The offence is punish- able u/s: 6 of the Act.

2. Offences under the Indian Penal Code:

a) Husband or his relatives subjecting a woman to harassment to coerce her or her relatives to meet dowry demands or because of their failure to meet the demands and the woman soon afterwards dies of bodily injuries under unnatural circumstances within seven years of her marriage. The husband or his relatives who subjected her to harassment are punishable for commit- ting the offence of dowry death u/s: 304(B) IPC r/w 113(B) of the Indian
Evidence Act.

b) Husband or his relatives subjecting a woman to harassment to coerce her or her relatives to meet any unlawful demands or because of their failure to meet the demands and the woman commits suicide within seven years of her marriage. The husband or his relatives who subjected her to harassment are punishable for the offence of abetment to commit suicide u/s: 306 IPC r/w 113(A) of the Indian Evidence Act.

c) Husband or his relatives for reason of dowry demand intentionally subject- ing a woman to any conduct that is possible to drive her to commit suicide or grave self-injuries and the woman soon afterwards dies of bodily injuries under unnatural circumstances within seven years of her marriage. The husband or his relatives who subjected hereto the conduct are punishable for dowry death u/s: 304(B) IPC r/w 113(B) of the Indian Evidence Act.

d) Husband or his relatives intentionally subjecting a woman to any conduct that is possible to drive her to commit suicide or grave self-injuries and the woman commits suicide within seven years of her marriage. The husband or his relatives who subjected her to the conduct are punishable for the offence of abetment to commit suicide u/s: 306 IPC r/w 113(A) of the Indian
Evidence Act.

Investigation of dowry death cases

Dowry death cases have become sensational topical issues these days with the public being highly sensitized to the menace of the offences with the unfortunate sheltie of cruel practices and circumstances deliver an innocent girl at death's door. All institutions of society including the government, press, women's or- generations, judiciary and police handle dowry death cases on a special footing.
Each such case outrages the patience of thinking people and rouses passion and outcry against the perpetrators of the offence. The police too give special importance to the investigation of these cases and closely supervise the investigation process. In the circumstances, an insight into the investigation of dowry death cases and proper understanding of the spectrum of challenges posed and how they are met is in the interests of both the public and investigating officers. It must be borne in mind that no investigation can succeed without public cooperation. And the public, particularly people aggrieved by such unfortunate incidents, can contribute to the progress of investigation if they have knowledge of its due process. With this in view, salient features and parameters of dowry death investigation are outlined in this work.

Medical evidence

investigation of dowry death cases has special links with the science of forensic medicine because of the special nature of the investigation. Dowry deaths are figuratively called bedroom deaths. In most cases no outsider including the investigating officer can have any knowledge about the circumstances and events that led to the death. Secondly, the offenders are the custodians of the dead body and the scene for many hours after the death till they volunteer to make its occurrence known, have all the time in the world to eliminate or tamper with any clues. In the circumstances, the investigating officer is completely at the mercy of medical experts to interpret the cause of death.

Often, the mode of death noticed, be it asphyxia, drowning or burning, may prove to be post-mortal; ipso facto suggesting homicide in place of suicide. Only forensic medicine can provide decisive proof to the investigating officer.

The success of the investigating officer in investigating dowry death cases largely depends upon forensic medicine experts. Sans proper briefing from the latter, the investigating officer may not realize the importance of noting the profusion of bleeding or marks of inflammation in deciding whether wound is ante mortal or not. Again, in a poisoning case, the investigating officer may overlook the importance of recording the time when the deceased ate last, how many hours thereafter the first symptoms of poisoning were noticed, what were those symptoms and how many hours thereafter death occurred. Thus, the interaction between the investigating officer and forensic medicine experts is crucial to give the investigation a direction.

Collection of evidence

Dowry death investigation has to address certain problems in the field in collecting evidence and examining witnesses.

These offences take place within the family circle. Sometimes, though blood relatives of the deceased volunteer evidence in the heat of trauma, a gradual reconciliation would be the normal tendency. Therefore, sound evidence is rarely forthcoming and difficult to sustain.

Dowry death being an offshoot of the relationship of wife and husband and veiled in a shroud of secrecy, even the parents of the deceased may be unaware of the hardships the deceased underwent at the hands of her husband and his relatives in the process of the dowry death.

If the investigating officer is lucky, he may succeed in collecting some evidence of cruelty. The next stage at which he would find himself would be the girl's death.
There would be an absolute void in between with no clues or evidence of what happened or no eyewitnesses to vouch for that. Clues on the dead body and surroundings are likely to be tampered with by the offenders.

Investigations are witness-oriented. A dowry death case being primarily a family affair, independent witnesses refuse to involve themselves. And partisan witnesses are too polarized to be credible.

It is in these circumstances that investigating officers have to trace witnesses, conduct purposive examinations and undertake directional recording of statements after proper analysis of the offence and likely charges.

Dowry death legislations

The dowry death cases are offences primarily under central acts namely the
Dowry Prohibition Act, 1961 with its amendments of 1984 and 1986 and certain sections of the Criminal Procedure Code, 1973 as amended by Criminal Law (2nd Amendment) Act, 1983. In spite of attempts during amendments to avoid am- bigotries in some sections of the earlier acts, it is patent that there are still several terms that need interpretation by the court. The term 'in connection with the marriage' while defining dowry in section 2 of the Dowry Prohibition Act is unspecific about the flexibility of the word 'connection' and gives way for its subjective interpretations as well as that of the term 'dowry'. The same word
'connection' brings in a similar impression while defining 'dowry death' in Section
304B of the Indian Penal Code and section 113B of the Indian Evidence Act while declaring in connection with demand of dowry', ipso facto rendering the in catenaton between the offence of dowry death and dowry demand uncertain and open for discussion. In the same sections, the phrase 'soon before her death' raises the question, how soon before? Similarly, the words 'relative of her husband' that figure in Section 498A of the Criminal Procedure Code, section 304B of the Indian Penal Code and section 113A of the Indian Evidence Act in no way provide exactly what is intended to be defined; the scope of the words there is too vast and includes even the blood relatives of the deceased as they are also relatives of the husband after the marriage. Another important term that defies full comprehension is 'likely to drive' in Section 498A of the Indian Penal Code, where the word 'likely' by its very meaning is in definitive and open for subjective interpretation. The scope for divergent interpretations of these terms in the comparatively new acts do create problems during investigation of the cases until convention assigns them definite meanings.

Difficulties in investigation of dowry death cases

the difficulties faced during dowry death investigations can be classified thus:

I. those encountered in collection of evidence.

1. The victim does not give information about her harassment while alive because of Indian cultural values, the need to continue to live with in-laws, feelings of alienation in the in-laws' house and parental pressure to conform and adjust.

2. There are no independent witnesses to the commission of the offence as it is committed within the four walls of the in-laws' house.

3. The evidence can be easily tampered with because the scene of the offence is at the disposal of the in-laws until they volunteer to make the offence public. 4. Dying declaration is either not taken or is taken at the in-laws' convenience as the -victim continues to be in their charge; further, the relatives of the deceased often reach the scene very late.

5. The victim's parents are often at a disadvantage to fight for justice since they are in an area where the in-law could wield considerable influence, at the scene of the offence.

6. Both relatives and neighbors are reluctant witnesses in an in-family offence. 7. The victim's relatives, also being relatives to the accused, resort to com- promise for mutual benefit with the passage of time and thus useful wit- nesses are lost.

II. Those encountered in interpretation of certain terms of law.

Following phrases in dowry death laws are unspecific and pose problems of comprehension. 1. Sec. 2 ofD.P. Act (Definition of Dowry); "in connection with the marriage".

2. Sec. 304B IPC & 113B of the Indian Evidence Act;
"Soon before her death"
"in connection with demand for dowry".

3. 498A, 304B IPC & 113A Indian Evidence Act;
"Relative of her husband"

4. 498A IPC.
"Likely to drive".

Ill. Those encountered with outside agencies.

1. The Executive Magistrates who are to conduct inquests depute subordinates who are not duly empowered to conduct inquest. Also the delay in conduct- in the inquest and inefficient and nonprofessional handling results in substantial loss of evidence.

2. Prosecutors being not adequately sensitized to handle such sensitive cases.

3. The court of law failing to treat the cases with the special treatment warranted by the nature of the cases and insisting on eyewitnesses and independent witnesses who are usually unavailable in dowry death cases.
Also the considerable delay in disposal of these cases, as they are treated as unimportant family offences, with hearings at long intervals. This probe- elm in Bangalore is overcome by the institution of special courts.

Presumptions of law

Law by sections 113(A) and 113(B) of the Indian Evidence Act relieve the investigation of cases of death of girls within seven years of their marriage from the special nature of difficulties by the reason of the crime being committed in the intimate circle of the offenders. The law provides that the court trying the case may presume that the accused persons committed the offence if it is proved that the victim was subjected to cruelty by the accused persons inter alias. The presumptions made easy the investigation of these otherwise impossible cases.
While the presumptions under section 113(B) of the Indian Evidence Act is applicable to prove dowry death cases u/s.304(B) IPC, section 113(A) is applicable to prove abetment to commit suicide u/s.306 IPC within seven years of the marriage. The latter presumption benefits investigation of cases while a girl commits suicide under harassment for reasons other than dowry also by her husband or in-laws within seven years of the marriage. The lapse of the law lies in not providing the coverage of the presumption when the death was caused by homicide for reasons other than dowry by her husband or in-laws within seven years of the marriage while the benefit is available for cases of suicide under the same circumstances and homicide for dowry reasons under the same circumstances. This renders investigate- ton of cases of homicide of girls by husband and in-laws within seven years of marriage which poses the same difficulties as suicide cases under the same cir- cumstances an impossible task and there are any number of such homicide cases that were acquitted which would have been convicted by the benefit of the presumptions u/s.ll3(A) of the Indian Evidence Act if they were suicide cases. Amendment of concerned laws may be necessary to avoid this loophole in law

The concept of dowry was originally just a safeguard in the form of money, property or gifts given solely to the woman by her parents at the time of her marriage. Dowry was in fact recognized as “Sthreedhan” (“Sthree” meaning woman and “dhan” wealth) which exclusively belonged to the woman at the time of her marriage. However in course of time this custom was abused and the people aborted the original meaning of dowry. Gradually the custom of dowry became only a price tag for the groom. It was often difficult to find a suitable and qualified groom and this fact also aided the growth of distorted dowry. Thus the concept of dowry no longer remained as a safety for the women’s and rather it took the shape of price money for the groom and bride. A large number of dowry deaths are reported in India every year. In spite of the far reaching effects of education, the menace of dowry deaths is still increasing in our society. Most of the dowry deaths are characteristically labeled as “kitchen fires”.