Money Sought for Business Can Still Be Dowry If Demand Is Linked to Marriage: Delhi High Court

The Delhi High Court has held that money demanded for setting up a business can still amount to dowry where the demand is connected with the marital relationship.

Background

The ruling came in an appeal against convictions under Sections 304B and 498A IPC following the death of a woman by hanging about four-and-a-half months after her marriage. The prosecution alleged cruelty linked to a ₹50,000 demand.

Legal issue and Court's reasoning

The appellants argued, among other things, that the money was intended for a business and therefore should not be treated as dowry. They also questioned reliance on relatives of the deceased.

The Court rejected both propositions. A demand does not lose its dowry character merely because the stated use is commercial rather than personal; the relevant inquiry is its connection with marriage. Family members are also not automatically unreliable witnesses in matrimonial offences, which commonly occur within the household.

Result and practical consequence

The Court further reiterated that 'soon before death' under Section 304B has no fixed numerical period. The prosecution must establish a proximate and continuing link between dowry-related harassment and the death.

The appeal was dismissed and the appellants were directed to surrender for the remaining sentence.