The Supreme Court of India has held that a demand for gold ornaments made at the time of the ‘Chhoochhak’ ceremony—a customary ritual performed upon the birth of a child—cannot be categorized as a “dowry demand” within the meaning of Section 304B of the Indian Penal Code (IPC).

A Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan set aside the conviction of a husband under Section 304B (Dowry Death) while sustaining his conviction under Section 498A (Cruelty) of the IPC. The Court observed that for an offence to fall under Section 304B, the demand for property or security must be in connection with the marriage, distinguishing it from customary gifts demanded during childbirth ceremonies.

Background of the Case

The case dates back to November 1986, when the appellant,

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