praveen kumar on Indian police,policing and the UPSC and poems on love and human nature.

2002-09-13T20:47:00.000-07:00

praveen kumar on Indian police,policing and the UPSC and poems on love and human nature.

An analytical study of the philosophy and field dynamics of the policing in practice with live instances from the field penned by a Police Officer from India. The hypocrisy and the sad state of affairs in the profession in India and the UPSC as its appointing agent are effectively brought out by the author.
DOWRY DEATH CASES AND THEIR INVESTIGATION

Nature created women different from men with a definite purpose. Balance is
stillness and stagnation; imbalance is motion and progress. Nature designed life
and action by means of the imbalance brought about in the traits of men and women.
In the process, women find themselves at the receiving end. They ended up as the
weaker half of society by their very nature and are naturally handicapped in a world
of men, by men, for men. In a world where strength commands charity and
weakness receives cruelty, a woman is at a great disadvantage. She has suffered
all types of cruelty and humiliation all along centuries with patience and in silence.
This part of woman is symbolised, in tradition by calling her as the Mother Earth
who bears all sufferings. The cardinal principle of the survival of the fittest applies
to the weak, natural attributes of woman which renders her less fit for survival than
man. She must live at his mercy and on his charity, silently bearing all his atrocities
unless and until society in an enlightened mood comes to her rescue.

Legislations against atrocities against women

The immane approach of the stronger world to its weaker counterparts has to
be countered with strong arm methods of the state power. In an enlightened age
such as this, people in public life are sufficiently sensitized to this issue and more
and more legislations come up to stop stronger people from riding over the weak
and meek. India too has several legislations that have become acts to protect its women folk.

Atrocities against women in India are mainly rape and unnatural offences,
dowry deaths, abduction and kidnapping for various purposes and outraging their
modesty apart from minor acts like various marriage offences, dowry and other
harassments, insulting the modesty, causing miscarriage without consent and
prostitution. Most of these offences are punishable under the Indian Penal Code:
in sections from 375 to 377, for rape and unnatural offences, abduction and
kidnapping girls for various purposes being punishable in sections from 364 to 369,
offences related to marriage being subjected to penal provisions in sections from
493 to 498, outraging the modesty of a woman in section 354 and insulting the
modesty in section 509 being offences. Section 314 makes causing miscarriage
without woman's consent, a punishable act. The Criminal Law (Amendment) Act,
1983 (No. 43/83) provided for in camera trial of rape cases and also enlarged the
scope of rape cases by placing the burden of proving innocence on the accused
person apart from making penal sections more mordant, particularly in cases of
custodial rapes by public servants. The Suppression of Immoral Traffic in Women
and Girls Act, 1956 with the Suppression of Immoral Traffic in Women and Girls
(Amendment) Act, 1986 and rules framed by states u/s.23 of the Act deal with
offences relating to immoral traffic in women and girls.

Distribution of rape cases in Karnataka

More than a quarter of about 160 to 170 rape cases reported every year in
Karnataka are from the region of Bangalore District including Bangalore City with
abreak-up of 19% to the discredit of Bangalore City and 7.7% to Bangalore district,
excluding Bangalore City. Chitradurga is the other district in Karnataka with a high
figure of 8% to its discredit and it with Bangalore City and Bangalore District, share
the first three places among those having the highest number of rape cases in
Karnataka. The tiny districts of Uttara Kannada with 1.3% and Bidar with 1.4%
account for the least number of rape cases in Karnataka every year. (The figures
provided here are based on official statistics of the Corps of Detectives, Bangalore.)

Dowry deaths

The Karnataka police took the first major step in tackling the menace of
increasing dowry death cases in 1980 by issuing orders vide its law circular No.4787
dated 16-9-80 that all cases where a woman dies within five years of her marriage
have to be investigated by an officer of or above the rank of Deputy or Assistant
Superintendent of Police with the post-mortem to The held by a team of two doctors.
The circular also made it mandatory that the body of the deceased is to be disposed
off only after blood relatives of the deceased see the dead body. Law circular No. 4846 dated 4-12-82 increased the operational time limit from marriage to death
from five to ten years. It is the Criminal Law (2nd amendment) Act-1983 that made
an inquest by an executive magistrate mandatory in the case of unnatural death of
a woman within seven years of her marriage. The subsequent definition of 'dowry
death' upheld seven years as the time limit between marriage and death to draw the
charge of dowry death. The Karnataka police in its law circular No. 4897 dated
23-4-87 made it mandatory that all cases of unnatural death of a woman within ten
years of marriage should be investigated as a case of murder until otherwise proved.

Distribution of dowry death cases in Karnataka

Bangalore city has the dubious distinction of accounting for mor" than 26.3%
of 190 to 200 dowry death cases reported every year in Kamataka while Gulbarga
district with about 9.3% and Bangalore district excluding Bangalore City with about
7.8% to their discredit stand at second and third places. Even tiny Bidar district
outweighs other districts by accounting for nearly 5% of dowry death cases reported
in Kamataka every year. The credit of minimum dowry death cases in Karnataka
goes to Kodagu district with just 0.5% of the state figure. The coastal districts of
Dakshina Kannada and Uttara Kannada, each accounts for just 1% of the state
average. The districts of Bellary and KGF each accounts for about 1 % of the dowry
death cases in Kamataka. More than 1/3 of the dowry death cases of Kamataka are
reported from Bangalore district, inclusive of Bangalore City. (The figures
provided here are based on official statistics of the Corps of Detectives, Bangalore.)
In Kamataka, drowning, burning, poisoning and hanging are the usual means
of committing suicide in dowry death cases. Of these, drowning accounts for the
highest number of dowry death cases, followed by burning and poisoning in that
order.

Investigation of dowry death cases

Dowry death cases have become sensational topical issues these days with the
public being highly sensitised to the menace of the offences with the unfortunate
swelchie of cruel practices and circumstances deliver an innocent girl at death's
door. All institutions of society including the government, press, women's or-
ganisations, judiciary and police handle dowry death cases on a special footing.
Each such case outrages the patience of thinking people and rouses passion and
outcry against the perpetrators of the offence. The police too give special impor-
tance to the investigation of these cases and closely supervises the investigation
process. In the circumstances, an insight into the investigation of dowry death cases
and proper understanding of the spectrum of challenges posed and how they are
met is in the interests of both the public and investigating officers. It must be borne in mind that no investigation can succeed without public cooperation. And the
public, particularly people aggrieved by such unfortunate incidents, can contribute
to the progress of investigation if they have knowledge of its due process. With
this in view, salient features and parameters of dowry death investigation are
outlined in this work.

Medical evidence

investigation of dowry death cases has special links with the science of forensic
medicine because of the special nature of the investigation. Dowry deaths are
figuratively called bedroom deaths. In most cases no outsider including the
investigating officer can have any knowledge about the circumstances and events
that led to the death. Secondly, the offenders being the custodians of the dead body
and the scene for many hours after the death till they volunteer to make its
occurrence known, have all the time in the world to eliminate or tamper with any
clues. In the circumstances, the investigating officer is completely at the mercy of
medical experts to interpret the cause of death.

Often, the mode of death noticed, be it asphyxia, drowning or burning, may
prove to be post-mortal; ipso facto suggesting homicide in place of suicide. Only
forensic medicine can provide decisive proof to the investigating officer.

The success of the investigating officer in investigating dowry death cases
largely depends upon forensic medicine experts. Sans proper briefing from the
latter, the investigating officer may not realise the importance of noting the
profusion of bleeding or marks of inflammation in deciding whether wound is
antemortal or not. Again, in a poisoning case, the investigating officer may
overlook the importance of recording the time when the deceased ate last, how many
hours thereafter the first symptoms of poisoning were noticed, what were those
symptoms and how many hours thereafter death occurred. Thus, the interaction
between the investigating officer and forensic medicine experts is crucial to give
the investigation a direction.

Collection of evidence

Dowry death investigation has to address certain problems in the field in
collecting evidence and examining witnesses.

These offences take place within the family circle. Sometimes, though blood
relatives of the deceased volunteer evidence in the heat of trauma, a gradual
reconciliation would be the normal tendency. Therefore, sound evidence is rarely
forthcoming and difficult to sustain.

Dowry death being an offshoot of the relationship of wife and husband and
veiled in a shroud of secrecy, even the parents of the deceased may be unaware of the hardships the deceased underwent at the hands of her husband and his relatives
in the process of the dowry death.

If the investigating officer is lucky, he may succeed in collecting some evidence
of cruelty. The next stage at which he would find himself would be the girl's death.
There would be an absolute void in between with no clues or evidence of what
happened or no eyewitnesses to vouch for that. Clues on the dead body and
surroundings are likely to be tampered with by the offenders.

Investigations are witness-oriented. A dowry death case being primarily a
family affair, independent witnesses refuse to involve themselves. And partisan
witnesses are too polarised to be credible.

It is in these circumstances that investigating officers have to trace witnesses,
conduct purposive examinations and undertake directional recording of statements
after proper analysis of the offence and likely charges.

Dowry death legislations

The dowry death cases are offences primarily under central acts namely the
Dowry Prohibition Act, 1961 with its amendments of 1984 and 1986 and certain
sections of the Criminal Procedure Code, 1973 as amended by Criminal Law (2nd
Amendment) Act, 1983. In spite of attempts during amendments to avoid am-
biguities in some sections of the earlier acts, it is patent that there are still several
louche terms that need interpretation by the court. The term 'in connection with
the marriage' while defining dowry in section 2 of the Dowry Prohibition Act is
unspecific about the flexibility of the word 'connection' and gives way for its
subjective interpretations as well as that of the term 'dowry'. The same word
'connection' brings in a similar impression while defining 'dowry death' in Section
304B of the Indian Penal Code and section 113B of the Indian Evidence Act while
declaring in connection with demand of dowry', ipso facto rendering the incatena-
tion between the offence of dowry death and dowry demand uncertain and open for
discussion. In the same sections, the phrase 'soon before her death' raises the
question, how soon before? Similarly, the words 'relative of her husband' that figure
in Section 498A of the Criminal Procedure Code, section 304B of the Indian Penal
Code and section 113A of the Indian Evidence Act in no way provide exactly what
is intended to be defined; the scope of the words there is too vast and includes even
the blood relatives of the deceased as they are also relatives of the husband after
the marriage. Another important term that defies full comprehension is 'likely to
drive' in Section 498A of the Indian Penal Code, where the word 'likely' by its very
meaning is indefinitive and open for subjective interpretation. The scope for
divergent interpretations of these terms in the comparatively new acts do create
problems during investigation of the cases until convention assigns them definite
meanings.

Difficulties in investigation of dowry death cases

The difficulties faced during dowry death investigations can be classified thus:

I. Those encountered in collection of evidence.

1. The victim does not give information about her harassment while alive
because of Indian cultural values, the need to continue to live with in-laws,
feelings of alienation in the in-laws' house and parental pressure to conform
and adjust.

2. There are no independent witnesses to the commission of the offence as it
is committed within the four walls of the in-laws' house.

3. The evidence can be easily tampered with because the scene of the offence
is at the disposal of the in-laws until they volunteer to make the offence
public.

4. Dying declaration is either not taken or is taken at the in-laws' convenience
as the -victim continues to be in their charge; further, the relatives of the
deceased often reach the scene very late.

5. The victim's parents are often at a disadvantage to fight for justice since
they are in an area where the in-law could wield considerable influence, at
the scene of the offence.

6. Both relatives and neighbours are reluctant witnesses in an in-family
offence.

7. The victim's relatives, also being relatives to the accused, resort to com-
promise for mutual benefit with the passage of time and thus useful wit-
nesses are lost.

II. Those encountered in interpretation of certain terms of law.

Following phrases in dowry death laws are unspecific and pose problems of
comprehension.
1. Sec. 2 ofD.P. Act (Defintion of Dowry); "in connection with the marriage".

2. Sec. 304B IPC & 113B of the Indian Evidence Act;
"Soon before her death"
"in connection with demand for dowry".

3. 498A, 304B IPC & 113A Indian Evidence Act;
"Relative of her husband"

4. 498A IPC.
"likely to drive".

Ill. Those encountered with outside agencies.

1. The Executive Magistrates who are to conduct inquests depute subordinates
who are not duly empowered to conduct inquest. Also the delay in conduct-
ing the inquest and inefficient and nonprofessional handling results in
substantial loss of evidence.

2. Prosecutors being not adequately sensitized to handle such sensitive cases.

3. The court of law failing to treat the cases with the special treatment
warranted by the nature of the cases and insisting on eyewitnesses and
independent witnesses who are usually unavailable in dowry death cases.
Also the considerable delay in disposal of these cases, as they are treated as
unimportant family offences, with hearings at long intervals. This prob-
lem in Bangalore is overcome by the institution of special courts.

Presumptions of law

Law by sections 113(A) and 113(B) of the Indian Evidence Act relieves the
investigation of cases of death of girls within seven years of their marriage from
the special nature of difficulties by the reason of the crime being committed in the
intimate circle of the offenders. The law provides that the court trying the case may
presume that the accused persons committed the offence if it is proved that the
victim was subjected to cruelty by the accused persons inter alia. The presumptions
made easy the investigation of these otherwise impossible cases.

While the presumptions under section 113(B) of the Indian Evidence Act is
applicable to prove dowry death cases u/s.304(B) IPC, section 113(A) is applicable
to prove abetment to commit suicide u/s.306 IPC within seven years of the marriage.
The latter presumption benefits investigation of cases while a girl commits suicide
under harassment for reasons other than dowry also by her husband or in-laws
within seven years of the marriage. The lapse of the law lies in not providing the
coverage of the presumption when the death was caused by homicide for reasons
other than dowry by her husband or in-laws within seven years of the marriage
while the benefit is available for cases of suicide under the same circumstances and
homicide for dowry reasons under the same circumstances. This renders investiga-
tion of cases of homicide of girls by husband and in-laws within seven years of
marriage which poses the same difficulties as suicide cases under the same cir-
cumstances an impossible task and there are any number of such homicide cases
that were acquitted which would have been convicted by the benefit of the
presumptions u/s.ll3(A) of the Indian Evidence Act if they were suicide cases.
Amendment of concerned laws may be necessary to avoid this loophole in law.

Investigation of dowry death cases

What is dowry?

1. Anything transacted or agreed to be transacted between the parties of the
marriage is dowry.

2. Any transaction or demands for such a transaction which was not agreed
upon by concerned parties in connection with marriage falls beyond the
scope of dowry.

What constitutes offence in dowry death cases?

1. Offences under the Dowry Prohibition Act:

a) Giving and taking dowry after 2-10-1985 is an offence except customary
presents, given to bride or bridegroom in keeping with the donor's financial
status without any demand. The offence is punishable u/s: 3 of the Act.

b) Demanding dowry from the spouse's relatives or guardians is an offence
from 2-10-1985. The offence is punishable u/s: 4 of the Act.

c) A person failing to give to the bride dowry received by him as customary
presents; or to her children or to parents in that order if she dies because of
unnatural cause within seven years of her marriage. The offence is punish-
able u/s: 6 of the Act.

2. Offences under the Indian Penal Code:

a) Husband or his relatives subjecting a woman to harassment to coerce her or
her relatives to meet dowry demands or because of their failure to meet the
demands and the woman soon afterwards dies of bodily injuries under
unnatural circumstances within seven years of her marriage. The husband
or his relatives who subjected her to harassment are punishable for commit-
ting the offence of dowry death u/s: 304(B) IPC r/w 113(B) of the Indian
Evidence Act.

b) Husband or his relatives subjecting a woman to harassment to coerce her or
her relatives to meet any unlawful demands or because of their failure to
meet the demands and the woman commits suicide within seven years of
her marriage. The husband or his relatives who subjected her to harassment
are punishable for the offence of abetment to commit suicide u/s: 306 IPC
r/w 113(A) of the Indian Evidence Act.

c) Husband or his relatives for reason of dowry demand intentionally subject-
ing a woman to any conduct that is possible to drive her to commit suicide
or grave self-injuries and the woman soon afterwards dies of bodily injuries
under unnatural circumstanccs within seven years of her marriage. The
husband or his relatives who subjected herto the conduct are punishable for
dowry death u/s: 304(B) IPC r/w 113(B) of the Indian Evidence Act.

d) Husband or his relatives intentionally subjecting a woman to any conduct
that is possible to drive her to commit suicide or grave self-injuries and the
woman commits suicide within seven years of her marriage. The husband
or his relatives who subjected her to the conduct are punishable for the
offence of abetment to commit suicide u/s: 306 IPC r/w 113(A) of the Indian
Evidence Act.

Ill. NOTE:

1. Woman dying within seven years of her marriage under unnatural cir-
cumstances is the first and foremost essential ingredient of all dowry death
cases.

2. The charge of murder takes precedence over charges under dowry death. In
all cases where murder is proved u/s: 302 IPC, the case should be charge-
sheeted for murder u/s: 302 IPC.

3. In cases where murder u/s: 302 IPC could not be proved for lack of evidence
regarding circumstances and events that lead to the death, the case may be
considered to be tried for dowry deaths u/s: 304(B) IPC if other essential
ingredients are fulfilled.

4. In suicide cases where dowry death u/s 304(B) IPC could not be proved for
lack of evidence regarding dowry demand and also cruelty or harassment of
the woman for the purpose soon before the death, the case may be considered
to be tried for abetment to commit suicide u/s: 306 IPC if other essential
ingredients are fulfilled.

5. A case is liable to be tried under section: 304(B) IPC or 306 IPC depending
upon the ingredients of the case if the following two facts are proved:

a) that the woman died within seven years of her marriage under unnatural
circumstances.

b) that she was subjected to cruelty by her husband or his relatives.

6. The dowry death cases may also include charges of criminal intimidation,
wrongful confinement, common intention, abetment, criminal conspiracy
etc, depending upon the evidence available in the case.

7. The presumptions in the Indian Evidence Act u/s: 113(A) in case of abetment
to commit suicide u/s 306 IPC and u/s 113(B) in case of dowry death u/s
304(B) IPC relieve the investigating officer from the burden of proving that
the accused persons abetted the suicide to prove offence u/s 306 IPC and
caused the dowry death to prove offence u/s 304(B) IPC.

8. What is cruelty by husband or his relatives?

a) Harassment of a woman by her husband or his relatives to coerce her or
her relatives to meet unlawful demands or because of their failure to meet
the demands constitute cruelty to the woman by her husband or his
relatives.

b) Intentional conduct by a husband or his relatives that is possible to drive
a woman to commit suicide or grave self-injuries constitute cruelty to
the woman by the concerned husband or his relatives.

9. Inquest over the dead body.

Inquest over the dead body of a woman by an Executive Magistrate is a must
if she dies within seven years of her marriage under one of the following
circumstances.

a) She committed suicide.

b) There is reasonable suspicion about her death.

The inquest may be held by a police officer if above conditions are not fulfilled,
but a relative of the deceased makes a request for inquest.

IV. Field investigation of dowry death cases:

1. Investigation of dowry death cases poses some special difficulties because
of the special nature of the dowry death offences. The increasing awareness
of unjust treatment to women and the incremental appreciation of the need
for an attitudinal change in society's approach to women by educational and
penal methods require the investigating officer to ensure that those respon-
sible for dowry death are suitably convicted. This necessitates all-out efforts
to investigate dowry death cases in spite of the inherent difficulties. Most
of the measures discussed here are in the form of guidelines for effective
investigation rather than legal obligations.

2. The information of the death is usually received in the Police Station either
from the head of the hospital to which the victim was admitted or from the
deceased's husband and his relatives who are likely culprits. In either case,
the information is bound to be the bare facts devoid of any allegation.

3. Report of Unnatural death of a woman within seven years of marriage:
In all cases of unnatural death of a woman within seven years of her marriage
under suspicious circumstances reported to a Police Station, the following
measures are to be undertaken forthwith.

a) The case should be registered as a UDR case u/s: 174 Cr. P.C. r/w 176
Cr.P.C.

b) The Sub-divisional Magistrate of the area with information to District
Magistrate should be immediately addressed about the death with a
specific request for an immediate inquest over the dead body by the
Sub-divisional Magistrate personally.

4. An officer not below the rank of PSI from the Police Station should reach the scene without loss of time and personally examine the scene, dead body
and witnesses in preparation for the inquest. He should prepare a rough
sketch of the scene with all details and measurements. He should isolate the
scene for future examination, colour photographs of the dead body, showing
injuries and the surroundings should be taken in various angles.

5. Dying Declaration:

In case of report of a medico-legal case with death concerning a woman
within seven years of her marriage, an officer not below the rank of CPI
should reach the scene of offence without loss of time and personally
examine the body of the victim with due regard to decency and law with the
assistance of women at the scene and arrange to record the dying declaration
from the victim. He should duly brief the medical officer recording the
declaration about points on which information should be elicited in refer-
ence to the circumstances of the incident as he had noted from his personal
observations. He should ensure that the likely accused persons stay away
from the victim as far as possible till the declaration is recorded.

6. Information of dowry death:

In the first available instance, as many blood relatives of the deceased or
victim should be examined, specifically regarding cruelty to the deceased
or victim by her husband and his relatives and circumstances of the incident.
ISaprimafacie case of cruelty is made out, a formal detailed report covering
marriage of the deceased and its date, details of dowry demands and dowry
received and by whom with names of witnesses to all these transactions,
specific instances of cruelty and harassment of the deceased for dowry and
illegal demands by her husband and his relatives with names of witnesses,
circumstances of the death as they know and conduct of the alleged accused
persons along with details of documentary evidences and names of witnesses
should be obtained from the blood relatives of the deceased and a case should
be forthwith registered u/s: 304sections under IPC and D.P Act.

7. Deputy Superintendent of Police investigates the case:

An officer of the rank of Deputy Superintendent of Police takes up the
investigation of the case within 24 hours of the registration of the case and
personally visits the scene and examines the dead body and the surround-
ings. He discusses the case in detail with the PSI or CPI who conducted
preliminary investigations of the case earlier.

8. Inquest:

The investigating officer takes active interest in the inquest of the case
conducted by the Sub-divisional Magistrate. He briefs the SDM about the
salient features of the case as per the investigation done till then and help
him in examining appropriate witnesses and recording evidences ap-propriate to the case from both the scene, surroundings and the dead body.

9. Examination of witnesses:

The offenders and their relatives are avoided as far as possible from being
examined during the inquest. The blood relatives of the deceased and
independent witnesses from the neighbourhood who intimately know the
deceased are given preference. The 10 should assist the SDM in securing
appropriate witnesses in the interest of the investigation.

10. Examination of the scene:

The dead body, scene and surroundings are thoroughly searched, and
measured for every possible clue and evidence regarding the crime irrespec-
tive of whether they look relevant to the case at that point of time. Nothing
should be left for chance. Even minute particles and insignificant things
may prove to be of immep-se evidentiary value as the investigation progres-
ses.

11.Panchas:

Persons having close links with the offenders must be avoided from becom-
ing panchas during inquest or seizure process.

12. Post-Mortem:

The 10 prepares a detailed list of clarifications to be sought from the forensic
medicine experts including nature and cause of various external appearances
and wounds on the dead body and their interpretations in reference to the
clues and evidences at the surroundings; opinion about the alleged instru-
ment of death having any bearing in the case etc.

13. Discussion with forensic medicine experts:

The 10 makes it a point to sit with the expert who conducted the postmortem
examination of the dead body and discuss the case threadbare on forensic
medicine bearings of the case. Viscera, blood, urine and other relevant
fluids and pieces of organs from the dead body are sent to FSL for analysis
and opinion.

14. Forensic Science Laboratory:

The 10 sends articles seized from the scene to FSL or other experts for
opinion.

15. The 10 holds periodical discussion with the expert who conducted post-mor-
tem, at least once a week regarding forensic medicine aspects of the case till
he is satisfied.

16. Blood relatives of the deceased see the dead body:
After the postmortem the dead body is handed over to right persons and the
10 ensures that the dead body is not disposed of until the blood relatives of
the deceased see it.

17. Arrests:

All the accused persons against whom a prima facie case is made out are
arrested without giving them opportunity to move the court for anticipatory
bail. All applications for hail should be fought tooth and nail. The culprits
who succeed in obtaining anticipatory bail are subjected to arrest and
released as per bail conditions. The Government should be moved for
suspension of the accused person from service if he is a public servant.

18. Interrogation of arrested persons:

The accused persons should be thoroughly examined and interrogated about
the crime until they give out clues and evidences about the crime.

19. Recoveries u/s: 27 of the Indian Evidence Act is effected from the accused
persons wherever possible.

20. Possibilities of confession u/s: 164 Cr.PC. by offenders is probed.

21. The chance of involuting approvers u/s: 306 Cr. P.C. in appropriate cases is
surveyed.

22. Examination of blood relatives and recording their statements.

The blood relatives of the deceased are thoroughly examined on all aspects
of the case and their statements are recorded. The examination forms the
bedrock of further investigation of the case. The examination covers all
incriminating incidents involving the deceased and her relatives and the
accused persons, the details of cruelty and harassment to which the deceased
was subjected and the details of the circumstances of the death and the
conduct of the accused persons. The 10 ensures that as many specific
instances of cruelty with details come on record and as many witnesses and
documents regarding various facts of the case like date of marriage, dowry
demand, dowry acceptance, cruelty, harassment for dowry or illegal
demands and circumstances of the death as possible figure in those state-
ments.

23. Documents and records as evidences:

All documents and records that figure in the statements of the blood relatives
of the deceased and throw light on various facets of the case like date of
marriage, dowry demand, dowry acceptances, cruelty, harassment for dowry
and other illegal demands and the circumstances of death are seized as
evidences in the case. The documents and records include marriage certifi-
cate, marriage invitation card, marriage photographs, dowry contracts;
letters, bills, receipts and bank instruments concerning payments of dowry,
letters or diaries of the deceased or accused persons touching upon dowry,
dowry demand, cruelty and harassment, documents in Police Station, family
courts, women's organisations or hospitals regarding complaints of cruelty
or treatment taken for injuries caused by cruelty, attendance of accused
persons at relevant places, marriage registration documents etc.

24. Proving the authorship of handwriting:

The handwritings in letters and diaries seized during the investigation are
proved for their authorship by obtaining specimen writings from the con-
cerned under attestation of witnesses. An attestation is obtained preferably
from independent witnesses who have reasons to be acquainted with the
handwriting.

25. Tracing of witnesses:

All witnesses figuring in the statements of the blood relatives of the decedent
and in various documents and records seized are traced and examined on
relevant matters.

26. The natural witnesses from the neighbourhood of the scene of crime and
disinterested witnesses who have knowledge about matters touching the
crime are traced and their statements on relevant matters are recorded.

27. Examination of witnesses and recording their statements:

Recording statements of persons who do not throw any light on the case is
avoided as far as possible.

28. The examination of witnesses should be purposive with reference to the
ingredients of the charges in issue and the line of investigation. The
recording of the statement should be directional in keeping with the interests
of the prosecution. Recording of unnecessary and irrelevant matters are
avoided in the statement to bring clarity and brevity to the main issues.

29. Investigation into the circumstances of death:

Thorough enquiry regarding the persons present at the scene during the
incident that caused the death of the deceased is conducted and all those
persons are interrogated about the events and circumstances of the death.

30. The whereabouts of all the accused persons at the time of the incident
causing the death are ascertained with the help of proper oral and documen-
tary evidences.

31. Proper investigation is conducted regarding the persons who noticed the
death first, time and circumstances. The persons should be thoroughly
examined regarding the circumstances that led them to the scene and what
they saw there.

32. Appropriate witnesses are examined regarding the conduct of the accused
persons preceding and succeeding the incident that led to the death.

33. Eye witnesses to the death:

The possibility of having eyewitnesses to the incident, particularly from the
neighbourhood should be thoroughly probed. Even evidences of what they
saw or heard from a distance may prove useful in the investigation. Their
statements are recorded u/s: 164 Cr. P.C. if found necessary.

34. Who can be useful witnesses:

The persons who saw the deceased for the last time and also who talked to
her last should be traced and intelligently examined for possible clues about
the crime.

35. The women from the neighbourhood of the scene and old ladies prove useful
witnesses as the deceased is likely to have talked about her problems with
them from time to time.

36. Every attempt should be made to trace and record statements of the friends
of the deceased to whom she would have confided her difficulties either
orally or by letters.

37. Immediate provocation:

The death cannot occur without an immediate provocation or a criminal
conspiracy behind it. The 10 should detect it with adequate evidences.

38. Respectable men of the area like village headman, community chief or a
partriarch are examined for useful information about the offence.

39. Burning of the dead body without inquest and post-mortem:

In cases where the dead body is burnt against local custom without inquest
and post-mortem and a case of dowry death is registered only at a later stage,
the circumstances themselves suggest attempts to eliminate evidences of a
crime. In the circumstances, independent witnesses from the area, preferab-
ly including the head of the village and community, are examined and their
statements are recorded to establish the local custom which is violated by
the offenders.

40. In cases where the dead body is burnt without inquest or post-mortem,
people who saw the dead body are examined in detail regarding unnatural
appearances on the dead body and in the immediate surroundings. The
forensic expert's opinion is sought about the case on the basis of this
information, and a detailed history of the case as made out from the
investigation done till then.

41. Examination of stove in a burning case:

In a burning case, the stove at the scene is seized and examined by an expert
to refute the possible defence claim of an accidental explosion as the cause
of burning.

42. Wounds on the dead body:

All wounds on the dead body are examined for inflammations and extravasa-
tions which prove ante-mortem injuries and suggest violence and cruelty
before death ipso facto facilitating charge u/s: 304(B) IPC by providing
evidence of cruelty soon before the death.

43. What acts constitute cruelty:

Any wilful act on the part of the husband or his relatives which is likely to
drive a woman to commit suicide constitutes cruelty. Respectable women
from the locality are examined and their statements are recorded as opinions
to prove whether specific deliberate acts under issue are likely to drive in
normal circumstances a woman to commit suicide and thus meets the
definition of cruelty.

44. Finalisation of the case:

Where the deceased is proved to have been subjected to cruelty in connection
with a dowry demand soon before her death, the case can be charged u/s:
304 (B) IPC. Otherwise, the case can be charge-sheeted u/s:306 IPC if it is
proved to be a suicide case.

45. Time limit to finalise the case:

Investigations of dowry death cases preferably be completed within a month
and not later than three months under any circumstance. Extension beyond
this period would be self-defeating as the witnesses are likely to turn hostile
as the heat of the pain of death subsides and the parties could compromise
as they are relatives.

46. Section 6 of Dowry Prohibition Act:

In cases where the dowry received is not given to the deceased's child or
returned to her parents when there is no child. Section 6 of the D. P. Act can
be invoked and the concerned persons are charged.

47. Special instructions to officers of the Corps of Detectives:

An officer of the COD to whom a case of dowry death is entrusted for
investigation takes up the case within 24 hours of the order being issued
excluding the time taken for his journey and exclusive of any other respon-
sibility at his hand unless special written permission is obtained from the
supervising officer for delaying the job for further 24 hours in exceptional
cases. He takes up the investigation de integro.

48. The IO should personally visit and examine the scene of offence, examine
afresh and record statements of the decedent's blood relatives and important
witnesses, discuss the case, with local police officers and previous IOs of
the case, study the case file in detail and hold an exhaustive meeting with
the medical expert who conducted post-mortem examination. He should
continue to hold periodical meetings with him during the course of the
investigation.

49. He should discuss all facets of the case with his supervising officer imme-
diately after taking charge of the case and obtain instructions regarding the
further course of the investigation.

50. A new 10 should re-examine all witnesses, previously examined by his
predecessor in COD to acquaint himself with various nuances of the case.
However, it is only in instances where the re-examination throws further
light on the case that additional materials should be recorded as statements.

V. Forensic medicine in investigation of dowry death Cases.

As circumstances and events that lead to dowry death are more often than not
buried in the shroud of familial secrecy, the investigating officer finds himself stranded in the barren ground of silence and darkness during the process of his
investigation. There would be no witnesses to speak about what conspiracy or
provocation led to what catena of events that ended with the death. This grey area
about the vital stage of the offence is peculiar to the investigation of dowry death
cases. The investigating officer can superate the gauntlet by more and more
drawing from the cornucopia of knowledge of forensic medicine and science.
Unless the investigating officer fully avails himself of the benefits of the latest
developments in these disciplines, hecannot do full justice to his work.

1. Forensic knowledge can be employed to establish following facts about a
dowry death case:

a. The cause of death.

b. Whether the death is accidental, suicidal or homicidal and whether
bodily attacks are ante-mortem or post-mortem.

b. The events that led to the death.

d. The circumstances and surroundings in which the death took place.

2. Forensic knowledge can be applied during prosecution for the following
purposes:

a. As evidences to decide issues towards proving an offence.

b. As evidences to repudiate claims made by the defence.

3. The prerequisite of employing forensic knowledge in investigation of an
offence is threefold:

a. Detailed observation of the scene and surroundings of the offence and
purposive collection of clues, depending upon the nature of the case.

b. Detailed observation of the body of the victim and purposive collection
of clues depending upon the nature of the case.

c. Careful and purposeful autopsy of the dead body and collection of clues
depending upon the case.

4. Though the Executive Magistrate during the inquest and the forensic
medicine expert during the autopsy arrive at a fairly definite idea about the
case through the collection of clues from the dead body and surroundings,
the investigating officer cannot afford to leave that part of the investigation
entirely at their hands as ultimately he is responsible for the entire investiga-
tion of the case. He has to discharge his responsibilities in two ways:

a. Assisting and guiding the officers in their work with reference to future
needs of the investigation and circumstances of the case.

b. Making his own notes about his personal observations about the clues
of the case.

5. The dead body, the scene and surroundings should be studied in minute
details with a questioning mind. This should be done in four ways:

a. Noting down in detail every interesting and common feature noticed with
sketches and measurements.

b. Taking colour photographs from different angles and varying distances
of all interesting and common features noticed. Video recording is
preferred.

c. Careful lifting of interesting and common clues and evidences in the
presence of reliable panchas with detailed information and measure-
ments about their location and other relevant facts for future analysis.

d. Specific instructions to experts regarding what to look for during the
postmortem.

6. It is prudent to collect all available clues and evidences as none at that early
stage of an investigation can predict what clues and evidences prove to be
vital for the case in future, what shape the investigation may take in coming
days and how the case may end up. Special attention should be paid to
following particulars.

a. The marks of struggle on the dead body.

b. The location of the dead body at the scene and its postures.

c. Wounds, colourations and all types of marks on the body with exact
locations, measurements and specifications.

c. The apparel and other articles on the body and their condition.

d. Blood and other bodily fluids found on the body and apparel.

f. The articles noticed on or at close proximity of the dead body and their
location and distance from each other.

g. Empty containers noticed at the scene, their nature and exact location
anent to the dead body.

h. Signs of struggle and other unusual occurences at the scene.

i. Any strange odour on or near the dead body and at the scene and its
nature.

j. The position of doors, windows and electric fittings at the scene and their
condition.

k. Marks of blood and other fluids at the scene and surroundings.

1. All important and unimportant articles noticed at the scene.

7. Burning case: Burning is a common mode of death in dowry death cases in
India. A case of death by burning suggests either accident or suicide or
homicide or post-mortem burning to obliterate the corpus delecti.
The possibility of post-mortem burning to obliterate evidences require the
investigating officer-to keep his eyes, nose and ears open for all types of clues and
evidences on the dead body and the scene so that he is prepared for an unexpected
turn of events as the investigation progresses. He cannot be selective in collection
of clues and evidences as it may turn out to be a case of either poisoning, throttling
or assault with the post-mortem burning to conceal evidences. In the circumstances,
the investigating officer should look for the following clues on the dead body and
at the scene.

a. The regions on the body where bums are extensive must be ascertained.
This should be shown with a sketch of the body. It helps to ascertain
whether the burn is accidental, suicidal, homicidal or postmortem.
Uniform burning of several parts suggests the possibility of murder.

b. The smell of kerosene or other fuels on the body, apparel and y the scene.

c. The position and location of any containers of fuel at the scene and their
distance from (he body.

d. The location and condition of matchsticks, stoves and electrical instal-
lations at the scene and their distance from the dead body.

e. The condition of electrical wiring at the scene.

f. Marks of burning at various places and walls on the scene.

g. Marks of stove burst at the scene. The stove should be seized and sent
for expert opinion on its condition..

h. Noticeable wounds or marks of assault on the body.

i. Viscera and blood should be preserved for analysis to detect carbon
monoxide.

j. The expert conducting the postmortem should be sought opinion regard-
ing soot particles in the lungs and windpipe as marks of inhalation during
the ante-mortem burning..

k. Opinion should be sought regarding vesicles, signs of congestion and
inflammation in living tissues to ascertain whether the bum is ante-
moritem or not.

l. The expert should be instructed to look for signs of death by methods
other than burning and postliminary postmortem burning.

8. Poisoning case: Death by poisoning is a common feature in dowry deaths.
Such a death indicates either suicide or homicide and even accident in rare
cases. Postmortem administration of poisoning, though possible, is a rare
occurrence. The investigating officer should look for the following clues on
the dead body and at the scene.

a. The container from which poison was used should be seized before
panchas and sent for analysis to FSL along with the viscera from the dead
body.

b.Traces of vomit from the scene should be sent to FSL for analysis.

c. The viscera, blood, urine and fluid from mouth and nose of the dead body
should be sent to FSL for analysis.

d. The nails, lips and body of the deceased should be examined to ascertain
whether they have turned blue.

e. The time when the deceased last took her food, the time "of the first
symptoms of poisoning and death should be ascertained.

f. The symptoms of poisoning noticed in the deceased should be ascertained.

g. The amount of poison likely to have entered the system of the decedent
should be ascertained from witnesses and forensic experts.

h. The nature of food materials present in the stomach and its time of
consumption must be ascertained.

i. Opinion of FSL experts should be sought on absorption of the poison by
the stomach to decide whether the poisoning was ante-mortem or not.

j. Opinion of experts should be sought on the antidotes or other medica-
tions administered to the victim and the possible time of the administra-
tion in reference to the time'of poisoning as noticed in the stomach.

k. A report on the medical history of the -deceased should be obtained
wherever possible.

1. Opinion regarding redness, ulceration, softening and perforation of the
stomach and intestines and their spread and diffusion that suggest
poisoning should be sought from experts.

9. Drowning Case: Drowning can be either accidental, suicidal, homicidal or
postmortem in nature. The investigating officer should look for the follow-
ing additional clues on the dead body and at the scene.

a. The position and location of the dead body in water in reference to the
likely place of drowning.

b.Objects tied to the dead body.

c. White foam in the mouth, nose and lungs of the deceased indicates
ante-mortem drowning. The foam must be sent for analysis to FSL.

d. The expert conducting the postmortem should be asked for information
about aquatic organisms and debris in the air passages and stomach and
presence of water in lungs and stomach of the dead body which also
suggest ante-mortem drowning. The debris •should be tested for the
presence of its like in water at the place of death.

e. Mud in finger and toe nails suggests struggle during drowning; the mud
from the nails and the floor of water may be sent to FSL for comparison
to decide isogeny.

f. Aquatic or other materials grasped by the deceased suggest a struggle
while drowning. The nature of aquatic creatures in the water must be ascertained to decide
about the possibility of the creatures having caused postmortem cuts on
the body of the decedent.
The details of abrasions and cuts on the body and an expert opinion as
to whether they are post-mortem are crucial during the process of the
investigation.
The dead body, should be carefully examined for both external and
internal marks of violence before or during the drowning.
The blood samples from the left and right side of the heart of the dead
body along with a sample of the water in which drowning took place
should be sent to FSL for haemolysis analysis which suggests whether
the death was caused by drowning or not.
Experts should be advised to conduct diatom tests. The presence of
diatoms in brain, bone marrow or liver suggests ante-mortem drowning.
Death by hanging: Hanging can be either suicidal or postmortem. In rare
cases, it can be homicidal also. Often, hanging would have been enacted
after the victim was killed by throttling or strangulation. The investiga-
tion officershould look for the following clues on the dead body and at
the scene.
The material used for hanging should be seized and sent for examination
to ascertain whether the ligature marks on the dead body match with the
material.
The scene should be keenly observed for furniture and other bodies near
the place of hanging to ascertain the process of hanging.
The details of ligature marks on the body of the decedent, covering then-
exact location and spread, shape, colour, depth and nature should be
carefully examined and noted.
The dead body should be examined carefully for other marks of violence
and force and all injuries on the dead body should be carefully made note
of.
The fingernails of the dead body should be examined for blueness.
The expert conducting the post-mortem examination should be asked for
information about bruising of the soft tissues beneath the ligature mark
that suggests ante-mortem hanging or strangulation.
The possibility of intense venous congestion of the lungs suggests
strangulation. The dead body must be examined to detect the conges-
tion.
A ligature mark about the thyroid cartilage suggests hanging while any
mark below the thyroid cartilage suggests strangulation,
Fracture of thyroid bone and thyroid cartilage suggests strangulation or
throttling; thyroid bone fracture is common in hanging.

j. The presence of saliva, oozing out of mouth shows ante-mortem hang-
ing.

k. Effusion of blood along the ligature mark suggests ante-mortem hang-
ing.

l. If common external and internal features of asphyxia are absent, then the
hanging is definitely postmortem which suggests homicide.

11. It is often possible that the mode of death noticed is postmortem and intended
to conceal a criminal act. Burning or hanging and sometimes even drowning
are the modes employed to conceal a criminal act committed by other
methods mostly by assault or poisoning. In the circumstances, the investigat-
ing officer should take care to collect clues from the dead body and the scene
to cover all eventualities regarding the true cause of death as revealed in
later stages of the investigation.

12. The forensic analysis of clues should be oriented to decide whether the
alleged mode of death is ante-mortem or not. If the alleged mode of death
is found to be postmortem, it suggests two possibilities.
.
a. That a different mode was employed to cause the death which should be
established by the clues collected from the dead body and the scene, and

b. The case is likely to be a case of homicide and attempts have been made
to conceal the evidences and the cause of the death.

If the investigating officer adequately employs his common sense and intel-
ligence during the preliminary stage of the investigation while examining the dead
body and the scene and collects all incriminating clues and evidences without
restricting himself to the apparent cause of the death, no criminal can fool him and
deflect him from the right line of investigation.

Marriage is often called the second birth in a girl's life; it brings an entire
metamorphosis in the form and contents of her life and in the process exposes her
to inopinate adaptation problems. It is an irony of nature and social customs that
it is the girl who is delicate in nature rather than the man who is selected for this
difficile gauntlet of transformation in the process of familial socialising. Per case,
the gentle and amenable caractere of the female breed expose hers to the natural
selection tor the purpose. In the process, death of the most unfortunate of them by
felo de se or homicide because of the grind of the circumstances has become an
unfortunate phenomenon. Dowry is only one though primus interpares among
various immane manifestations of adjustment problems to which the tender psyche
of a young girl is exposed after her marriage. An integrated approach to all these
symptoms of adjustment problems to which a girl is suddenly exposed while her
persona is yet unprepared to meet the gauntlets alone can bring deliverance to the fairer sex of the human genre. The entire process of social legislations and their
enforcement is only a distant link in the whole catena of luctation warranted to
achieve this end.

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