SC slams ‘casual’ bail in cases of dowry deaths

The Supreme Court has expressed grave concern over the persistence of dowry deaths in India, cautioning that a lax approach in granting bail in such cases could erode public faith in the judiciary’s commitment to tackling the menace. Calling dowry deaths a “grave social concern”, the court underscored the need for heightened vigilance while dealing with bail pleas in such matters.

“The social message emanating from judicial orders in such cases cannot be overstated: when a young bride dies under suspicious circumstances within barely two years of marriage, the judiciary must reflect heightened vigilance and seriousness,” a bench of justices Vikram Nath and Sandeep Mehta held in its judgment on Monday.

The court made these remarks while setting aside bail granted to the father-in-law and mother-in-law of a woman who was allegedly strangled to death over dowry demands in January last year. The accused had earlier secured bail from the Allahabad high court, which, according to the Supreme Court, had failed to undertake deeper scrutiny of the grave allegations against them.

“In dowry death cases, courts must be mindful of the broader societal impact, given that the offence strikes at the very root of social justice and equality. 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,” it held.

The bench noted that offences under Sections 498A (cruelty) and 304B (dowry death) of the Indian Penal Code (IPC), along with Sections 3 and 4 of the Dowry Prohibition Act, warrant a stringent approach due to the systemic harm they perpetuate.

“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 court held.

According to the National Crime Records Bureau (NCRB) data, as many as 13,479 cases were registered in 2022 under the Dowry Prohibition Act, 1961, while 6,450 dowry deaths were reported in that year.

In this case, the woman had married the primary accused on February 7, 2022, and was found dead under highly suspicious circumstances on January 22, 2024—well within the seven-year period that triggers a presumption under Section 304B IPC.

The post-mortem report revealed multiple ante-mortem injuries and a pronounced ligature mark on the neck, indicating strangulation. Additional contusions on the head and neck suggested severe physical violence before her death. The court noted that these injuries, combined with a clear pattern of dowry demands—including an initial request for an Enfield Bullet motorcycle and later a car—made it evident that the woman had been subjected to relentless cruelty before her demise.

The court held that the deceased’s father-in-law and mother-in-law played a principal role in exerting pressure on her through persistent dowry demands and inflicting mental and physical cruelty.

“Stricter judicial scrutiny is necessary in matters where a young woman loses her life in her matrimonial home so soon after marriage, particularly where the record points to persistent harassment over unmet dowry demands,” the judgment stated.

Emphasising the broader societal impact of dowry deaths, the court observed that allowing the alleged perpetrators to remain on bail could undermine both the fairness of the trial and public confidence in the criminal justice system. The court highlighted that judicial orders in such cases carry a significant social message, and a superficial application of bail parameters could normalise the crime, which continues to claim numerous innocent lives.

“Permitting the father-in-law and mother-in-law to remain at large would run counter to the ends of justice, especially when the evidence reflects a probable nexus between their persistent dowry demands, physical cruelty, and the deceased’s death. Consequently, their bail warrants cancellation so that a fair and unimpeded trial may take place, in keeping with the legislative intent behind anti-dowry laws,” it said.