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Hira Lal v. State (NCT of Delhi) (2003) 5 SCC 80
Supreme Court of India
2003
(2003) 5 SCC 80; 2003 SCC (Cri) 2016
Criminal Law
~7 min
Author: Gulzar Hashmi
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Location: India
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Published: 02 Nov 2025
Section 304-B IPC
Section 306 IPC
Section 113-B Evidence Act
498-A IPC
Dowry Death
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Quick Summary
The Court drew a clear line between Section 304-B IPC (dowry death) and Section 306 IPC (abetment of suicide). To use 304-B, there must be proof that the woman faced dowry-linked cruelty soon before her death. Without that close link, the Section 113-B Evidence Act presumption does not start. Here, that link was missing. The Court therefore set aside 304-B, but based on the evidence of mental cruelty and harassment, it convicted under 306 IPC and upheld 498-A IPC.
Issues
- Did the prosecution prove all parts of Section 304-B IPC, including dowry-linked cruelty soon before death?
- Could the Section 113-B presumption apply without clear, proximate harassment?
- Could the accused be convicted under Section 306 IPC despite no specific 306 charge?
Rules
- 304-B IPC: Requires proof of dowry-related cruelty or harassment soon before death; old incidents alone are not enough.
- 113-B Evidence Act: Mandatory presumption arises only after foundational facts of 304-B are shown; without proximate link, no presumption.
- 306 IPC: Conviction is possible even without a specific charge if evidence shows abetment of suicide and no prejudice is caused.
Facts (Timeline)
Jump here
1995: Sarita married Surender. His parents were Hira Lal and Angoori Devi.
14 Apr 1999: Sarita died by suicide (poison) at her matrimonial home.
Family alleged dowry-linked cruelty; FIR under 304-B and 498-A IPC.
Trial Court: All three convicted under 304-B and 498-A; 10 years RI under 304-B.
High Court: Reduced parents’ 304-B sentence to 3 years; Surender’s to 7 years; 498-A upheld.
Supreme Court: Accused argued absence of proximate dowry-harassment; State urged 306 IPC in alternative.
Arguments
Appellants
- No proof of dowry-related cruelty soon before death; 304-B ingredients not met.
- Therefore 113-B presumption cannot apply.
Respondent
- Even if 304-B fails, facts show abetment; consider 306 IPC.
- Persistent mental cruelty supports 498-A and 306 convictions.
Judgment (Held)
- 304-B not proved: no reliable proof of proximate dowry-harassment.
- 113-B presumption did not arise due to missing foundational facts.
- Conviction recorded under 306 IPC (abetment of suicide) despite no specific 306 charge.
- 498-A conviction sustained for established cruelty.
- High Court could not reduce 304-B sentence below 7 years; statutory minimum applies.
- Final order: 304-B set aside; sentences—3 years RI (306 IPC) and 1 year RI (498-A), concurrent; directions to surrender if required.
Ratio
Dowry death requires a live, close link between dowry-related cruelty and the death. Without that link, 113-B cannot be used. Yet sustained mental cruelty that drives the victim to suicide justifies a conviction under Section 306 IPC; a separate charge is not essential if no prejudice is caused.
Why It Matters
- Clarifies difference between dowry death and abetment of suicide.
- Explains when the powerful 113-B presumption does and does not apply.
Key Takeaways
- 304-B needs proximate dowry-harassment.
- 113-B presumption starts only after foundational facts.
- 498-A stands on general cruelty proof.
- 306 conviction possible without separate charge.
- Minimum sentence under 304-B is 7 years.
- Final sentences: 3 yrs (306) + 1 yr (498-A), concurrent.
Mnemonic + 3-Step Hook
Mnemonic: “Near → Presume; Not Near → 306”
- Check Nearness: Is dowry-harassment soon before death?
- If Yes: 304-B + 113-B may apply. If No: no presumption.
- Still Liable? Sustained mental cruelty can attract 306 IPC.
IRAC Outline
Issue
- Whether 304-B elements and 113-B presumption arose; and if 306 could be applied without a charge.
Rule
- 304-B requires proximate dowry-harassment; 113-B only after foundational facts; 306 possible sans charge if evidence supports.
Application
- No proximate dowry-harassment proved; presumption inapplicable; evidence still showed mental cruelty causing suicide.
Conclusion
- 304-B set aside; 306 and 498-A sustained; concurrent sentences imposed.
Glossary
- Section 304-B IPC
- Dowry death—needs proof of dowry-harassment soon before death.
- Section 113-B Evidence Act
- Presumption of dowry death after foundational facts of 304-B are shown.
- Section 306 IPC
- Abetment of suicide—mental cruelty/harassment may suffice.
Student FAQs
No. The cruelty must be linked to dowry and be soon before death.
Only after the prosecution proves a proximate, dowry-linked cruelty or harassment.
Courts can convict for 306 if evidence proves abetment and no prejudice is caused to the defence.
Yes. General cruelty was proved even though 304-B failed.
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