Dowry death

Is IPC Section 304B bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment of not less than 7 years, which may extend to imprisonment for life. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

What is the difference between Section 304B and Section 498A?

Section 498A punishes cruelty or harassment for dowry during the marriage, regardless of whether death occurs. Section 304B applies specifically when the woman dies within seven years of marriage under suspicious circumstances following such cruelty — the two are frequently charged together.

What is the presumption under Section 113B of the Evidence Act?

Once the prosecution shows that a woman died an unnatural death within seven years of marriage and was subjected to dowry-related cruelty shortly before, the court presumes the accused caused the dowry death, unless the accused can show otherwise.

Who typically files the complaint in a dowry death case?

Since the victim has died, the FIR is usually filed by her parents, siblings, or other relatives, though as a cognizable offence, police can also register a case on their own information.