Calcutta HC: Voluntary Gifts Given Out Of Love To Married Couple Is Not Dowry

WHAT WAS THE CASE

• The case was of Netai Ghosh V. State of West Bengal. Justice Bibek Chaudhuri was hearing the dowry death case.
• The Court has acquitted the husband of the deceased and his mother.
• An appeal had been filed by the accused against the judgement given by the Additional Sessions Judge who had convicted them for offences under Section 498A and Section 304B of the IPC.

FACTUAL BACKGROUND

• A dowry death complaint had been filed by Nirmal Ghosh, who was the father of the bride.
• It was contented that the bride had committed suicide within 44 days of the wedlock due to the husband and his mother inflicting physical and mental torture for dowry.
• It was stated that the bride’s father had promised to give a gold chain to the groom within six months of marriage.

WHAT DID THE TRIAL COURT SAY

• All witnesses had stated that the bride had been tortured by her in-laws.
• The defence had failed to prove its innocence.
• The bride had died by suicide within 44 days of marriage.
• Demands had been made by the groom’s family for the gold chain.
• Hence, the trial court held the accused guilty under Section 498A and 304B.

WHAT DID THE HIGH COURT SAY

• The Calcutta High Court decided that gifts given to the bride and groom during marriage out of love are not to be counted as dowry.
• Dowry as a quid pro quo consideration was not permitted.
• However, the Dowry Prohibition Act would not consider traditional gifts given out of affection as dowry.
• Since this was not under the definition of dowry and the incident had occurred before 6 months, it cannot be said that the groom’s family were liable.
• The order of the trial court was set aside and the accused was acquitted.

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