SONI DEVRAJBHAI BABUBHAI versus STATE OF GUJARAT AND ORS.

SONI DEVRAJBHAI BABUBHAI versus STATE OF GUJARAT AND ORS.

Section 304-B of the Indian Penal Code is prospective, applies only to acts committed after its insertion, and cannot be used to try or punish respondents for dowry death committed before 19.11.1986; to do so would violate Article 20(1) of the Constitution.

Parties
Appellant: Soni Devrajbhai Babubhai; Respondents: State of Gujarat and Ors.; Respondent No. 2 (husband of Deceased): Satish; Respondents No. 3 5: Parents and Sister of Satish
Jurisdiction
India
Judgment Date
28 August 1991
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Prospective Application of Criminal Law, Dowry Death, Protection Against Retrospective Punishment, New Offences and Procedural Changes
Criminal Law Constitutional Law Prospective Application of Criminal Law Dowry Death Protection Against Retrospective Punishment New Offences and Procedural Changes

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Parties

Soni Devrajbhai Babubhai

Appellant

State of Gujarat and Ors.

Respondents

Satish

Respondent No. 2 (husband of Deceased)

Parents and Sister of Satish

Respondents No. 3 5

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether Section 304-B of the Indian Penal Code applies to dowry deaths occurring prior to its insertion
  2. 2 Whether Section 304-B creates a new offence or merely a rule of evidence

Ratio Decidendi

Section 304-B of the Indian Penal Code is prospective, applies only to acts committed after its insertion, and cannot be used to try or punish respondents for dowry death committed before 19.11.1986; to do so would violate Article 20(1) of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Respondents cannot be tried or punished under Section 304-B of the Indian Penal Code for acts committed before its insertion.
  • Appellant may raise allegations under any other applicable pre-existing offence, to be considered by the lower courts on merits.