Retrospective penal law barred: Section 304-B IPC could not apply to deaths predating its insertion.

Section 304-B IPC creates a new substantive offence of dowry death with a higher minimum punishment and Court of Session trial, so it cannot be applied to a death that occurred before its insertion on 19.11.1986. The related section 113-B of the Evidence Act is only a rule of proof for that later offence and does not authorise retrospective prosecution. Applying section 304-B to an earlier death would give retrospective effect to a penal provision and expose the accused to greater punishment than was lawfully available when the act occurred, which is barred by Article 20(1) of the Constitution. The provision therefore could not be used to try or punish the respondents for dowry death in the present case.

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Issues: Whether section 304-B of the Indian Penal Code could be applied to a death that occurred before the provision was inserted, so as to require trial of the accused for dowry death by the Court of Session.

Analysis: Section 304-B was introduced by the Dowry Prohibition (Amendment) Act, 1986 with effect from 19.11.1986 and created a distinct and more stringent substantive offence of dowry death, punishable with a minimum sentence of seven years and triable by the Court of Session. The related amendment in section 113-B of the Indian Evidence Act, 1872 was only a rule of proof for that new offence. Applying section 304-B to a death that occurred before its insertion would amount to giving retrospective effect to a penal provision and exposing the accused to a greater punishment than was permissible when the act was committed, which is barred by Article 20(1) of the Constitution of India.

Conclusion: Section 304-B could not be applied to the present case, and the respondents could not be tried or punished for dowry death under that provision for an occurring before its commencement.

Ratio Decidendi: A penal provision creating a new substantive offence cannot be applied retrospectively to acts committed before its commencement, and Article 20(1) forbids conviction or enhanced punishment under the later law.

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