NCJ Number
131815
Journal
Social Defence Volume: 28 Issue: 97 Dated: (July 1989) Pages: 11-21
Date Published
1989
Length
11 pages
Annotation
India has a law that mandates presumption of guilt for the accused when there is evidence of cruelty or harassment for dowry by the accused prior to the suspicious death of his wife.
Abstract
India still maintains the tradition of having a bride or her family pay a dowry to the groom. In association with this tradition, India has experienced an increasing number of "dowry deaths" where the wife is killed or driven to suicide after the dowry has been paid so that the husband is free to pursue another dowry. Given this growing problem and the difficulty of proving guilt under a burden of proof that presumes innocence until guilt is proven beyond a reasonable doubt, the Indian Penal Code has been changed to allow for the presumption of guilt under suspicious circumstances. The law states that "When the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage and it is shown that seen 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." Although such evidence of cruelty or harassment toward the victim prior to her death may not be sufficient to prove guilt beyond a reasonable doubt, this law mandates that guilt be presumed under such circumstances. This change in the burden of proof is necessary to counter the growing problem of dowry deaths, even though it may mean a greater risk that the innocent will be convicted. Case studies are provided. 20 footnotes