APPENDIX HI

1. THE CRIMINAL LAW (SECOND

AMENDMENT) ACT, 1983
(46 OF 1983)

[Assented to on 25to December, 1983]

An Act further to amend the Indian Penal Code, the Code of

Criminal Procedure, 1973 and the Indian Evidence Act, 1872.

Be it enacted by the Parliament in the Thirty-forth Year of the

Republic of India as follows :

1. Short title.— This Act may be called the Criminal Law (Second

Amendment) Act, 1983.

2. Amendment of Act 45 of 1860. — In the Indian Penal Code, after

Chapter XX, the following Chapter shall be inserted, namely: —

"CHAPTER XX-A"
Of Cruelty by Husband or Relatives of Husband

498-A. Husband or relative of husband of a woman subjecting her to

cruelty.— Whoever bring the husband or the relative of the husband of a

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woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and also be

liable to fine.

Explanation.— For the purposes of this section, "cruelty" means-

(a) any willful conduct which is of such a nature as is likely to drive

the woman to commit suicide or cause grave injury or danger

to life, limb or health (whether mental or physical) of the

woman; or

(b) harassment of the woman where such harassment is with a view

to coercing her on any person related to her to meet any

unlawful demand for any property or valuable security or is on

account of failure by her or any person related to her to meet

such demand."

3. Amendment of Section 174.— In the Code of Criminal

Procedure, 1973 (hereinafter referred to as the Criminal Procedure Code),

in Section 174, in sub-section (3), for the words "When there is any doubt

regarding the cause of death, or when for another reason the police officer

considers it expedient so to do, he shall", the following shall be substituted,

namely : —

"When-

(i) the case involves suicide by a woman within seven years of her

marriage; or
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(ii) the case related to the death of a woman within seven years of

her marriage in any circumstances raising a reasonable

suspicion that some other person committed an offence in

relation to such woman; or

(iii) the case relates to the death of a woman seven years of her

marriage and any relative of the woman made a request in this

behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient

so to do, he shall."

4. Amendment of section 176.— In section 176 of the Code of

Criminal Procedure, in sub-section (1), for the words "When any person

dies while in the custody of the police," the words, brackets and figures

"When any person dies while in the custody of the police or when the case

is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of

section 174" shall be substituted.

5. Insertion of new section 198-A.— In the Code of Criminal

Procedure, after section 198, the following section shall be inserted,

namely : —

198A. Prosecution of offences under section 498-A of the Indian Penal

Code.— No court shall take cognizance of an offence punishable under

section 498-A of the Indian Penal Code except upon a police report of

facts which constitutes such offence or upon a comolaint made bv the

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person aggrieved by the offence or by her father, mother, brother, sister

or by father’s or mother’s brother or sister or, with the leave of the court,

by any other person related to her by blood, marriage or adoption."

6. Amendment of the First Schedule.— In the Code of Criminal

Procedure, in the First Schedule, after the entries relating to section 498,

the following entries shall be inserted, namely : (see the table)

"Section Offence Punishment Cognizable or Bailable By what

non- cognizable or Court
• non- triable
bailable

(1) (2) (3) (4) (5) (6)

Chapter XX-A Of cruelty by husband or relatives of husband

498-A Punishment Imprisonment Cgnizable if infomation Non- Magistrate
for for three relating to the commission bailable of the
subjecting years and of the offenders is given to first
a married fine an officer incharge of a class"
woman to police station by the
cruelty person aggrieved by the
offence or by any person
related to her by blood,
marriage or adoption or if
there is no such relative,
by any public servant
belonging to such class or
category as may be notified
by the State Government
in this behalf

7. Amendment of Act 1 of 1872. — In the Indian Evidence Act, 1872,

after section 133, the following section shall be inserted, namely: —

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"113 A. Presumption as to abetment of suicide by a married woman.—

When the question is whether the commission of suicide by a woman had

been abetted by her husband or any relative of her husband it is shown

that she had committed suicide within a period of seven years from the

date of her marriage and that her husband or such relative of her husband

had subjected her to cruelty, the court may presume,having regard to all

the other circumstances of the case, that such suicide had been abetted by

her husband or by such relative of her husband.

Explanation.— For the purposes of this section, ‘cruelty’ shall have

the same meaning as in section 498-A of the Indian Penal Code."

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2. INDIAN PENAL CODE, 1860

(Relevant Extracts)

304B. Dowry Death.— (1) Where the death of a woman is caused

by any burns or bodily injury or occurs otherwise than under normal

circumstances within seven years of her marriage and it is shown that soon

before her death she was subjected to cruelty or harassment by her

husband or any relative of her husband for, or in connection with, any

demand for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have caused her death.

Explanation.— For the purposes of this sub-section, "dowry" shall

have the same meaning as in section 2 of the Dowry Prohibition Act, 1961

(28 of 1961).

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years but

which may extend to imprisonment for life.

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498A. Husband or relative of husband of a woman subjecting her

to cruelty.— Whoever, being the husband or the relative of the husband

of a woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall also

be liable to fine.

Explanation.— For the purposes of this section, "cruelty" means-

(a) any willful conduct which is of such a nature as is likely to drive

the woman to commit suicide or to cause grave injury or danger

to life, limb or health (whether mental or physical) of the

woman; or

(b) harassment of the woman where such harassment is with a view

to coercing or any person related to her to. meet any unlawful

demand for nay property or valuable security or is on account

of failure by her or any person related to her meet such

demand.

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3. INDIAN EVIDENCE ACT, 1872

(Relevant Extracts)

[113A. Presumption as to abetment of suicide by a married

woman.— When the question is whether the commission of suicide by a

woman had been abetted by her husband or any relative of her husband

and it is shown that she had committed suicide within a period of seven

years from the date of her marriage and that her husband or such relative

of her husband had subjected her to cruelty, the curt may presume, having

regard to all the other circumstances of the case, that such suicide had

been abetted by her husband or by such relative of her husband.

Explanation.— For the purposes of this section, "cruelty" shall have

the same meaning as in section 498A of the Indian Penal Code (45 of

1860).
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113B. Presumption as to dowry death.— When the question is

whether a person has committed the dowry death of a woman and it is

shown that soon before her death such woman had been subjected by such

person to cruelty or harassment for, or in connection with, any demand for

dowry, the court shall presume that such person had caused the dowry

death.

Explanation.— For the purpose of this section "dowry death" shall

have the same meaning as in section 304B of the Indian Penal Code (45

of 1860).

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4. AMENDMENT OF I.P.C., I860, Cr.P.C.,

1973 AND INDIAN EVIDENCE ACT, 1872 BY
DOWRY PROHIBITION (AMENDMENT) ACT,
1986

10. Amendment of Act 45 of I860.— In the Indian Penal Code,

after, section 304A, the following section shall be inserted, namely:-

304B. Dowry death. — (1) Where the death of a woman is caused by

any burns or bodily injury or occurs otherwise than under normal

circumstances within seven years of her marriage and it is shown that soon

before her death she was subjected to cruelty or harassment by her

husband or any relative of her husband for, or in connection with any

demand for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have causes her death.

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Explanation.— For the purposes of this sub-section, "dowry" shall

have the same meaning as in section 2 of the Dowry Prohibition Act, 1961
(28 of 1961).

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years but
which may extend to imprisonment for life.

11. Amendment of Act 2 of 1974.- In the Code of Criminal

Procedure, 1973 in the First Schedule after the entries relating to section
304A, the following entries shall be inserted, namely :

Section Offence Punishment Cognizable Bailabel By what

or non- or non- Court
eognizable bailable triable

(1) (2) (3) (4) (5) (6)

"304-B Dowry Imrisonement of Ditto Non- Court of
death not less than bailable Sessions"
seven years but
which may to
imrisonment for life.

12. Amendment of Act 1 of 1872.— In the Indian Evidence Act,

1872, after section 113A, the following section shall be inserted,
namely: —
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"113B. Presumption as the dowry death.— When the question is

whether a person has committed the dowry death of a woman and it is

shown the soon after her death such woman had been subjected by such

person toe cruelty or harassment for, or in connection with, any demand

for dowry, the Court shall presume that such person had caused the dowry

death.

Explanation.— For the purpose of this section,"dowry death" shall

have the meaning as in section 304B of the Indian Penal Code (45 of

I860)."

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