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SC expresses concerns over dowry deaths: 'Courts are duty bound to deeply scrutinise circumstances'

The Supreme Court said a superficial application of bail parameters not only undermined the gravity of the offence itself but also risked weakening public faith in the judiciary's resolve to combat the menace of dowry deaths.

Supreme Court of India
Supreme Court of India Image Source : PTI
New DelhiPublished: , Updated:

The Supreme Court on Monday made a significant observation on dowry deaths, saying it was unfortunate that dowry deaths remained a "grave social concern" and courts were duty bound to deeply scrutinise circumstances in which bail was granted in such cases.

Courts must be mindful of the broader societal impact, given the offence struck at the very root of social justice and equality, said a bench of Justices Vikram Nath and Sandeep Mehta.

"It is unfortunate that in today's society, dowry deaths remain a grave social concern, and in our opinion, the courts are duty bound to undertake deeper scrutiny of the circumstances under which bail is granted in these cases," the apex court said.

The top court therefore cancelled the bail granted by the Lucknow bench of the Allahabad High Court to the parents-in-law of a woman who was found dead at her matrimonial home in January 2024 within two years of marriage.

The victim's family, in its police complaint, alleged she was subjected to continuous harassment and cruelty by her in-laws for dowry.

The bench noted a stricter judicial scrutiny was necessary in matters where a young woman lost her life in the matrimonial home soon after marriage, particularly where the record pointed to persistent harassment over unmet dowry demands.

"Allowing alleged prime perpetrators of such heinous acts to remain on bail, where the evidence indicates they actively inflicted physical, as well as mental, torment, could undermine not only the fairness of the trial but also public confidence in the criminal justice system," the bench said.

Section 304B (dowry death) of IPC, the court said, prescribed a stringent standard owing to the grave nature of offence and the systemic harm it perpetuated.

It said the social message emanating from judicial orders in such cases couldn't be overstated and when a young bride died under suspicious circumstances within barely two years in her marriage, judiciary must reflect heightened vigilance and seriousness.

"It is this very perception of justice, both within and outside the courtroom, that courts must safeguard, lest we risk normalising a crime that continues to claim numerous innocent lives," it added.

It raised concerns over the "seemingly mechanical approach" adopted by the high court in granting bail to the accused but upheld the bail to the two sisters-in-law of the woman given the nature of their roles.

The bench also directed the parents-in-law to surrender before the trial court/authority concerned.

(With PTI inputs)

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