How to File a Dowry Death Case
Step-by-step procedure for filing and pursuing a dowry death case in India
Act Immediately — Time is Critical
In a suspected dowry death, the first few hours are crucial for preserving evidence. The body must not be cremated or buried before a post-mortem is conducted. Inform the police immediately and ensure the scene is not disturbed.
Step 1 – Prevent Disposal of the Body
Immediately prevent the accused family from cremating or disposing of the body. Insist that a post-mortem (autopsy) examination be conducted by a government doctor. This is mandatory under law for all unnatural deaths.
Step 2 – File an FIR at the Police Station
Go to the nearest police station and file a First Information Report (FIR) under Section 80 BNS (Dowry Death) and Section 85 BNS (Cruelty). The police cannot refuse to register the FIR for a cognizable offence. If refused, approach the Superintendent of Police or the Magistrate.
Step 3 – Preserve Evidence
Collect and preserve all available evidence:
Letters, messages, WhatsApp chats showing dowry demands or threats
Witness statements from neighbours, relatives, and friends
Photographs of injuries or the scene of death
Medical records of the deceased
Receipts or documents showing dowry given
Step 4 – Get Free Legal Aid
Contact the District Legal Services Authority (DLSA) for free legal representation. An advocate will be appointed to represent the family. You can also approach an NGO specialising in women's rights for support.
Step 5 – Follow Up on the Investigation
The police must investigate and submit a charge sheet within 60 days. If they fail to do so, the accused may get default bail. Follow up with the investigating officer regularly and approach a senior officer or court if progress stalls.
Step 6 – Trial and Compensation
The case will be tried before a Sessions Court.
Apply for victim compensation from the State Victim Compensation Fund through the court or DLSA.
The presumption under Section 113B of the Evidence Act (now BSA) strongly supports the prosecution's case.