The Supreme Court has raised serious concern over the rising number of dowry-related deaths in the country, particularly in the states of Uttar Pradesh, Bihar and Karnataka.
Setting aside an Allahabad High Court order, which granted bail to an accused husband in a dowry death case, the Bench of Justice JB Pardiwala and Justice Vijay Bishnoi allowed an appeal filed by the father of the deceased woman.
The Court held that the grant of bail was legally unsustainable in light of the gravity of allegations and the statutory presumption applicable in such offences. The Court noted that dowry-related violence remains deeply entrenched despite increased access to education and economic independence for women.
It observed that while demands may not be explicit before marriage, they often escalate after the matrimonial alliance is formalised, leading to sustained harassment, coercion and, in extreme cases, death.
The Court highlighted that such conduct frequently results either in abetment of suicide or homicidal death within the matrimonial home. Referring to available data, the Court recorded that thousands of dowry deaths continue to be reported annually across the country, with a significant concentration in certain States.
It also noted a large number of pending prosecutions under the Dowry Prohibition Act, 1961, indicating systemic challenges in deterrence and enforcement.
On the legal framework, the Court emphasised that offences involving dowry death attract a statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, which places an evidentiary burden on the accused where a woman dies under unnatural circumstances within seven years of marriage, and there is material indicating cruelty or harassment for dowry.
In such cases, bail courts are required to undertake a prima facie assessment of the allegations, the nature and gravity of the offence, and the surrounding circumstances before granting relief. The case arose from the death of a young woman in Ghaziabad in July 2024, within a few years of her marriage. An FIR was lodged by her father alleging continuous harassment and unlawful demands for dowry, including demands for a luxury vehicle and additional cash.
Following investigation, a charge sheet was filed against the husband and his parents under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act. While the trial court had rejected the bail application, the High Court granted bail, relying on the medical opinion indicating death by hanging and observing a delay in registration of the FIR.
The Supreme Court found this reasoning flawed, noting that the FIR had been lodged promptly on the next day of the incident and that there was no material delay. The High Court failed to properly consider the post-mortem findings and other material indicating a prima facie case of dowry-related harassment and unnatural death, noted the Bench, adding that the High Court overlooked relevant statutory presumptions and did not adequately account for the seriousness of the offence.
Setting aside the bail order, the Apex Court directed the accused husband to surrender before the concerned jail authorities. It also cautioned that courts dealing with bail applications in offences against women, particularly dowry deaths, must exercise heightened judicial scrutiny so that such orders do not undermine public confidence in the criminal justice system or dilute the deterrent effect of the law.
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