Dowry Death Allegations: Delhi High Court Denies Bail, Cites "Soon Before Death" Interpretation.


07 April 2025 Dowry death >> Criminal Law  

The Delhi High Court has denied regular bail to an accused, Vinay, in a dowry death and cruelty case, emphasizing that the place of death does not negate the applicability of Section 304B of the Indian Penal Code (IPC). The Court also provided a crucial interpretation of the phrase "soon before her death," reinforcing its contextual nature.

The case, registered under FIR No. 79/2023 at PS Jaffarpur Kalan for offences under Sections 304B/306/498A read with Section 34 IPC, involves the death of Raveena, who married the accused, Vinay, on February 22, 2023.

 
 

According to the complaint filed by Raveena's father, Suresh Kumar, the very next day after the marriage, Vinay allegedly told Raveena she was not his choice and that he had married her under family pressure. Subsequently, during her visits to her matrimonial home, Raveena was reportedly harassed by Vinay, his parents, and sister, who demanded more money, stating that the `7,00,000/- given by her parents would only cover a small car. About a month and a half before her death, Raveena informed her father about the harassment, leading her to return to her parental home on March 15, 2023. She remained depressed there. On April 27, 2023, Raveena was found hanging from a ventilator at her parental home, leading to the registration of the FIR. Six out of forty prosecution witnesses have been examined, and the trial is ongoing.

The accused's counsel argued that since Raveena committed suicide at her parental home and not her matrimonial home, the offence under Section 304B IPC (dowry death) is not attracted. They also contended that there was no harassment or dowry demand between Raveena's return to her parental home on March 15, 2023, and her suicide on April 27, 2023, thus failing the "soon before her death" criterion.

However, the complainant's counsel asserted that the harassment was continuous, persisting even after Raveena returned home. They highlighted that the accused initiated judicial separation proceedings on April 19, 2023, which was followed by a 584-second telephonic conversation between the accused and the deceased on April 23, 2023, just four days before her suicide. The learned Additional Public Prosecutor supported this, pointing to the Call Detail Records (CDRs) of the last conversation as a potential trigger.

The Court, after considering various judicial precedents, rejected the arguments for bail. It unequivocally stated that the place where a tormented woman commits suicide has no bearing on whether it constitutes a dowry death. The Court emphasized that the "existence and continuance of matrimony" is the crucial factor, not the physical location of the death.

Regarding the expression "soon before her death" in Section 304B IPC, the Court clarified that it denotes "continuity of time" rather than a strict time limit. Referring to Supreme Court judgments like Satbir Singh & Anr. vs State of Haryana and Kans Raj vs State of Punjab, the Court reiterated that "soon before" is a relative term, and no "straitjacket formula" can be applied. It stressed that the term is not synonymous with "immediately before" and contemplates a "proximate and live link between the effect of cruelty based on dowry demand and the consequential death."

Applying these principles, the Court found specific allegations of dowry harassment in the FIR from the day after marriage, continuing until Raveena shifted to her parental home. The fact that she remained in communication with the accused, culminating in a lengthy call just days before her suicide, indicated a continuous chain of events.

Consequently, the Court found no fit ground to release the accused on bail, dismissing the application. This judgment reinforces the stringent approach taken by courts in dowry death cases, particularly in light of the Supreme Court's recent observations in Shabeen Ahmad vs The State of Uttar Pradesh & Anr., which called for "heightened vigilance and seriousness" in such matters.


Section 34., Indian Penal Code - 1860  

Section 304B., Indian Penal Code - 1860  

Section 306., Indian Penal Code - 1860  

Section 498A., Indian Penal Code - 1860  

Indian Penal Code, 1860