How a Lawyer Handles a 304B Case
The most disgusting and painful death is the dowry death. Section 304B of the Indian Penal Code introduces various legal provisions for dealing with dowry death cases. This law allows both the bride and groom’s family to prove their case under the legal provisions. In this blog, we will cover all the details regarding section 304 B’s case and how a Lawyer handles the case.
What is Section 304B
So what is section 304B? This section gives the freedom of the both bride and groom’s family to present the case in court. This section deals with the dowry-related death cases. According to this section, if a woman dies under some suspension events within seven years of marriage then this case indicates the woman died for physical violation over the dowry demand. The husband and the family members are suspected to be responsible for the death.
This law is harsh and designed to protect women from dowry-related violations. Sometimes the bride’s family misuse this law to make the groom’s family guilty. This law also allows the accused to prove their case in court. The evidence and the testimonials of the witness are also important in this case, sometimes the neighbours also help to solve the case by providing valuable information.
Role of a Lawyer in 304B Case
Handling the 304B case needs proper planning and legal information to present the case in court. This is a serious issue and the evidence and the documents are important.
1 Initial Consultation
Every case needs consultation with the victim and the accused. The lawyer needs to listen to all the details of the case whether the woman is forced for dowry or any other circumstances that lead to the death of the woman. The lawyer also navigates all the stories given to them and the evidence. This helps to understand the strength of the case.
For the accused family, this consultation process is really important. The lawyer makes understand them the legal action that is going to be applied to them and the possible way to get out. A lawyer can spot the best way to make the case strong for the accused if the case is false. The evidence and the medical report also help in this stage.
2. Gathering Evidence
This is the most important step for the case. The post-mortem report here plays a big role as it shows the death is natural or not. The lawyer also called data like the sms, phone call recordings, and emails to navigate if there were any dowry demands made or not. The neighbour’s witness and the character analysis of the victim’s family and the accused family also help to prove the case in court.
3. Presumption of Guilt
This is the unique aspect of the criminal case. This means the accused family and the husband are guilty of the death of the woman. A lawyer knows the strategy to defend the accused and the family in the case. They provide evidence that the death is normal and is not related to Dowry. They can cross-check the opposition witness to create a good profile of the accused. A good character analysis of the accused can give a better impression on the jury. The closing statement of the lawyer also matters, in this case, to give an impression on the Judge. This also helps to win the argument and the case.
Sum it Up With
So section 304B is the case that allows both the accused and the victims to present their position on the court. The best lawyers in Delhi know how to prove the case for the client in court with all legal provisions. It is always advisable to hire a professional lawyer for this case, as it needs a lot of documents and evidence.