top of page
Judge Gavel

Supreme Court: Dowry Death Requires Proof of Incessant Harassment, Not Presumption

In a significant judgment, the Supreme Court of India clarified that dowry death under Section 113B of the Evidence Act cannot be presumed without clear and cogent evidence of continuous harassment linked to dowry demands. The ruling emphasized the necessity of establishing a direct nexus between the death of a woman and sustained cruelty or harassment over dowry to invoke the presumption of guilt.


The bench stated that mere allegations or isolated incidents do not suffice to presume the accused’s guilt. It reiterated that incessant harassment or cruelty must be proven beyond doubt to meet the statutory requirements under Section 113B.


The judgment came in a case where the trial court and High Court had convicted the accused based on circumstantial evidence. The Supreme Court, however, observed that the evidence presented failed to establish consistent harassment tied to dowry demands, leading to the reversal of the conviction.


The court further underlined that the objective of the presumption under Section 113B is to aid in justice delivery, not to convict individuals without proper evidence. It urged investigating authorities to ensure thorough and impartial investigations in cases of dowry death, as the misuse of such provisions could erode their intended purpose.


This ruling underscores the court's commitment to balancing the protection of women from dowry-related cruelty and safeguarding individuals from baseless accusations. Legal experts have welcomed the judgment for its emphasis on evidence-based adjudication.

The verdict is expected to set a precedent for future dowry death cases, reinforcing the principle that criminal convictions require robust evidence to uphold the integrity of the justice system.





LinkedIn Link - https://www.linkedin.com/company/legal-soch-foundation/ 💼📚👩‍⚖

Recent Posts

See All
bottom of page