Dowry Harassment Must Be 'Soon Before Death' for Conviction Under Section 304B : Calcutta High Court

The Calcutta High Court ruled that to convict under Section 304B IPC, it must be conclusively proven that the deceased was subjected to dowry-related cruelty or harassment soon before her death.

The Court found inconsistencies in the prosecution’s case, noting the lack of proximate harassment and the absence of medical evidence supporting alleged injuries.

The court held that financial help from the victim's father and prior family disputes resolved through ‘salish’ (Settlement) did not constitute dowry or cruelty under Section 498A IPC.

Without evidence satisfying the elements of Sections 304B and 498A IPC, the statutory presumption under Section 113B of the Evidence Act did not apply.