Laws of India

Abstract

India does not have the jurisdictional variations of domestic violence law that one finds in the United States. Although giving of dowry is outlawed in India, it is still widely practiced. Under Section 304-B of Indian Penal Code, if a woman dies within seven years of marriage in “other than normal” circumstances, her husband or his relatives may be “presumed” guilty of causing her death. In this regard, the dowry death presumption is much like a Morgan Presumption in the United States. It makes sense that in both countries there are circumstances in which the risk of non-persuasion is put on the party who is arguing for the “least likely scenario” The Protection of Women from Domestic Violence Act 2005 is the latest legislation with provisions almost like U.S. laws where a woman may seek restraining order against her abuser.