Dowry abuse: SC cautions courts

The Supreme Court on Friday stressed on the need to ensure speedy trial in dowry death cases and also prevent 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 commission of the offence and are residing at distant places. In these cases, the court need 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 not to harass innocent family members, the top court today reiterated guidelines relating to the trial under Section 304-B of the Indian Penal Code (IPC) in dowry deaths.

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

The court said examination of an accused under Section 313 of 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 counsel of the accused to prepare his 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.