Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Munshi Sah v. The State of Bihar & Anr., held that the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in the case.

What was the Background of Munshi Sah v. The State of Bihar & Anr. Case?

• The appellant is the brother of the husband who is an accused in a dowry death case.
• The appellant being the co-accused has filed a bail plea before the SC.
• The present appeals arise out of a case of unnatural death of a lady for which proceeding has been started under Sections 304-B and 120-B of the Indian Penal Code, 1860 (IPC).
• The husband has been absconding and the trial had begun without him being arrested.
• The SC allowed the bail plea.

What were the Court’s Observations?

• The Bench of Justices Aniruddha Bose and Bela M. Trivedi question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.
• The Court further noted that the imposition and subsequent adhering to the condition of surrender of the husband of the deceased/ co-accused would not be necessary for grant of bail to the appellant.

What is the Important Legal Provision Involved in it?

Indian Penal Code, 1860

• Section 304 -B, IPC: Dowry 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 purposes of this sub-section, dowry shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 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.
• Dowry death is a cognizable and non-bailable offence.
• In the case of Bachni Devi v. State of Haryana (2011), the SC held that any demand for property or valued security that is in any way related to marriage constitutes dowry demand.
• In the case of Devender Singh & Ors. v. The State of Uttarakhand (2022), the SC held that the phrase 'soon before her death’ used in Section 304B IPC must be interpreted as proximately before the wife's death and not immediately prior to such death.

What is Section 120-B of IPC?

• This Section deals with the punishment of criminal conspiracy. It states that-

• • (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had 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.

• Section 120-A defines criminal conspiracy. It states that when two or more per­sons agree to do, or cause to be done, —
  • (1) an illegal act, or
  • (2) an act which is not illegal by illegal means, such an agree­ment is designated a criminal conspiracy.
  • Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.