Ensure speedy trial in dowry death cases: SC

Top court asks trial courts to prevent misuse of dowry law to harass innocent family members not involved in crime

The Supreme Court, on Friday, stressed on the need to ensure speedy trial in dowry death cases and also prevent the abuse of the dowry law provisions to harass innocent family members no way involved in the crime.

“Undoubtedly, the menace of dowry death is increasing day by day. However, it is also observed that sometimes family members of the husband are roped in even though they have no active role in the commission of the offence and are residing at distant places. In these cases, the court needs to be cautious in its approach,” said Chief Justice N.V. Ramana heading a bench also comprising Justice Surya Kant and Justice Aniruddha Bose.

Having asked the trial courts to ensure speedy trial in dowry death cases and to prevent the harassment of innocent family members, the top court reiterated the guidelines relating to a trial under Section 304B of the Indian Penal Code (IPC) in dowry death cases.

The guidelines note that the trial courts often record the statements of the accused in very casual and cursory manner without eliciting his/her defence.

The court said examination of an accused under Section 313 of the CrPC cannot be treated as a mere procedural formality as it concerns the fundamental principle of fairness and incorporates the valuable principle of natural justice.

The guidelines mandate the court to put incriminating circumstances before the accused and seek his response. They say a duty also lies on the counsel of the accused to prepare his/her defence since the inception of the trial with due caution.

The trial courts should use discretion to record an order of acquittal if it finds no evidence that the accused committed the offence. However, once the trial court finds the accused not eligible for acquittal, it must fix hearings for defence evidence as per Section 233 of the CrPC, which is also an invaluable right provided to the accused.

In the same breath, trial courts should consider speedy trial and the legal provisions should not be allowed to be misused as delay tactics. Also, the presiding judge should follow the guidelines laid down by the Supreme Court while sentencing and imposing punishment.

Other guidelines include interpretation of the law keeping in mind the legislative intent to curb the social evil of bride burning and dowry deaths. The prosecution should first establish the existence of the necessary ingredients for constituting an offence and it should establish the existence of proximate and live link between the dowry death and cruelty or harassment, the guideline stated.