Student at Amity University Lucknow Campus, India
Assistant Professor at Amity Law School, Amity University, Lucknow, India
This research paper critically examines the legal and procedural framework governing dowryrelated offences in India, focusing on the Dowry Prohibition Act, 1961 and its operational interface with the “Bharatiya Nyaya Sanhita, 2023”, “Bharatiya Nagarik Suraksha Sanhita, 2023”, and “Bharatiya Sakshya Adhiniyam, 2023”. Despite the presence of dedicated statutes criminalising the giving, taking, and demanding of dowry, the implementation of these laws remains fraught with systemic inefficiencies. The study evaluates the institutional roles of the police and judiciary, identifying persistent issues such as delayed FIR registration, flawed investigations, weak prosecutions, inconsistent judicial interpretations, and underutilization of statutory presumptions. Through an in-depth analysis of landmark Supreme Court judgments, procedural lacunae, and statutory under-enforcement, the paper reveals how legal remedies fail to translate into accessible justice for victims. It highlights how dowry-related crimes, particularly those resulting in cruelty or death, continue to be trivialised within India’s criminal justice system. The paper concludes by offering specific recommendations for structural and procedural reforms aimed at ensuring timely investigation, sensitive adjudication, and effective enforcement, thereby upholding the constitutional mandate of dignity, equality, and protection of women against exploitation.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 4671 - 4691
DOI: https://doij.org/10.10000/IJLMH.119475This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021