Case Name : Parvati Devi vs State of Bihar now State of Jharkhand & Ors Case Reference: (2021) 9 SCR 711 Case Number: Crl A No 574/2012 Court: Supreme Court Bench: 03 Coram: NV Ramana, Surya Kant, Hima Kohli (Author) Date: 17.12.2021
Once the prosecution has been able to demonstrate that a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry, soon before her death, the Court shall proceed on a presumption that the persons who have subjected her to cruelty or harassment in connection with the demand for dowry, have caused a dowry death within the meaning of IPC - Section 304B. Presumption under Evidence - Section 113B is rebuttable and can be dispelled on the accused being able to demonstrate through cogent evidence that all the ingredients of Section 304B IPC have not been satisfied.
Refer also: Bansi Lal vs State of Haryana, (2011) 11 SCC 359 Cruelty has to be proved to exist during the close proximity of the time of death. It should be continuous and such continuous harassment, physical or mental which would make life of deceased miserable to force her to commit suicide Maya Devi vs State of Haryana (2015) 17 SCC 405 To attract provisions of IPC - Section 304B, the main ingredient of the offence to be established is the soon before her death she was subject to cruelty or harassment for, or in connection with the demand for dowry. The expression soon before her death used in IPC - Section 304B and Evidence - Section 113B is present with the idea of proximity test. The term soon before her death would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question There must be existence of proximate and live link between the effect of cruelty based on dowry demand and the death concerned. If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence. GV Siddaramesh vs State of Karnataka, (2010) 3 SCC 152 and Ashok Kumar vs State of Haryana, (2010) 12 SCC 350
See also:
Act, Section