SC takes note of ‘casual’ approach by trial courts

The Supreme Court on Friday noted with grave concern the “casual” approach adopted by trial courts in recording statements of accused in cases related to dowry deaths, and passed a slew of directions necessary to give full meaning to rights of accused and prosecution during trial.

Dowry death is punishable under Section 304B of the Indian Penal Code (IPC) and carries a sentence that can range from seven years to life term. This provision presumes that the death of any woman within seven years of marriage caused by any burns or bodily injury or otherwise than normal circumstances shall be presumed to be a case of dowry death provided there is evidence that she was subjected to cruelty by husband and his family members “soon before” her death.

“It is a matter of grave concern that often trial courts record the statement of an accused under Section 313 of the Code of Criminal Procedure (CRPC) in a very casual and cursory manner,” a bench of Chief Justice of India (CJI) N V Ramana, Justices Surya Kant and Anirudhha Bose noted.

The bench directed the trial judges that while deciding upon such cases, the prosecution produces incriminating material against the accused and seek their defence at the initial stage of trial. If the trial court is of the view that the charge is not made out, an order of acquittal can be passed at that stage.

The bench also took note of the words “soon before” in Section 304B of IPC and told trial courts not to adopt a strict interpretation of the words as what is needed to establish is a “proximate and live link” between the cruelty and consequential death of the victim.