Recently, the bench headed by Justice Vikas Mahajan of the Delhi High Court held that the extramarital affair of husband is not ground to assume dowry death under Section 304B IPC.

In the said matter, the Court was dealing with the bail application filed seeking regular bail in FIR registered under Sections 304B/34 IPC.

Case Brief -

In this matter, the deceased Poonam was married to the petitioner and at time of marriage, the petitioner misrepresented to the deceased that he is a law graduate and practising lawyer. Subsequently, the deceased came to know that the petitioner was having an extramarital affair and was into betting. 

The relationship between the deceased and the petitioner deteriorated, leading to the filing of several cases against the petitioner. These cases include Section 125 of the Criminal Procedure Code (CrPC), Section 12 of the Domestic Violence Act, an FIR (First Information Report) under Section 498A/406/34 of the Indian Penal Code (IPC), 

The decessed committed suicide, which led to the registration of the FIR under Section 304B/34 IPC on a complaint made by the father of the deceased.

High Court noted that it appears that the deceased was under treatment for anxiety and depression and the demand of dowry was not stated to be a stressor or trigger for her said medical issues, as shared by her with the treating doctor.

The bench expressed the view that to invoke the offense under Section 304B of the Indian Penal Code (IPC), it is essential not only for the harassment or cruelty to be observed shortly before the death but also for it to be linked to a demand for dowry. The term "soon before death" is a relative concept, and the time gap may vary from case to case. The key factor is that the demand for dowry should not be outdated but should continue to be a contributing cause for the death of the married woman under Section 304B of the IPC.

The High Court noted that while it is true that the deceased filed a complaint against the petitioner and his family members as early as September 28, 2021, which eventually resulted in the FIR under Sections 498A/406/34 of the Indian Penal Code (IPC) on March 8, 2022, the allegations in the complaint dated September 28, 2021, pertain to the demand for dowry that occurred before the date when the deceased left her matrimonial home, which was on April 19, 2021.