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whether girlfriend can be proscequted 304 B ipc

(Querist) 26 February 2010 This query is : Resolved 
Hello everyone,
whether the girlfriend of husband can be oprosecuted for offence of dowry death.
Recently the hon,ble supreme court has held that girlfriend does not come under the purview the word'relative'.
Similarly word relative is also used in section 304b of penal code.
So, whether she can be prosecuted, if anyone knows any caselaw please reply
A V Vishal (Expert) 26 February 2010
No, but she can be accused as an abettor.
Adinath@Avinash Patil (Expert) 27 February 2010
GIRL FRIEND CAN,T BE PROSECUTED U/S 304[B]OF I P C.
Arvind Singh Chauhan (Expert) 27 February 2010
I agree with Vishal Sir.
Sachin Bhatia (Expert) 27 February 2010
No, girlfriend of husband can not be prosecuted for offence of dowry death.
Sanjeev Panda (Expert) 27 February 2010
Girl friend cannot be prosecuted u/s 304-B IPC
Khaleel Ahmed (Expert) 27 February 2010
304 B of IPC says as under.


Section 304B. Dowry death
1[304B. Dowery 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 purpose 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.]
Girl freind can be prosecuted for the offence of Criminal Conspiracy as under.
Section 120B. Punishment of criminal conspiracy
1[120B. Punishment of criminal conspiracy.



(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards shall, where no express provision is made in this Code fro the punishment of such a conspiracy, be punished in the same abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]






Guest (Expert) 28 February 2010
i agree with mr Vishaal... other learned experts are right on their side.... but girl friend of husband can be accused of abbetor if there is an evidence of abetment is there.


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