Dowry death
Section 80 of the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code (IPC), deals with dowry death.
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation
For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Example:
Anita dies from burns in the 4th year of her marriage. It is revealed during investigations that her husband Vijay and in-laws harassed her for dowry. Vijay and his family will be deemed to have caused her death and will be punished under this Section.
Key Points in BNS-80
-
Definition of Dowry Death:
-
Circumstances: Death of a woman caused by burns, bodily injury, or occurring under abnormal circumstances within seven years of her marriage.
-
Cruelty or Harassment: It must be shown that, shortly before her death, the woman was subjected to cruelty or harassment by her husband or any of his relatives.
-
Dowry Connection: The cruelty or harassment must be in connection with a demand for dowry.
-
-
Legal Definition:
-
Dowry: Defined as per Section 2 of the Dowry Prohibition Act, 1961. This typically refers to any property or valuable security given or agreed to be given in connection with marriage.
-
-
Deemed Responsibility:
-
Presumption: The husband or any relative of the husband is deemed to have caused the death if the above conditions are met.
-
-
Punishment:
-
Imprisonment: The offense of dowry death is punishable with imprisonment for a term of not less than seven years, which may extend to life imprisonment.
-
Summary
BNS-80 defines "dowry death" as the death of a woman caused by burns or injury, or under suspicious circumstances within seven years of marriage, if she was subjected to cruelty or harassment related to dowry demands. Those responsible, including the husband or his relatives, face imprisonment ranging from seven years to life. The provision aims to address and penalize deaths resulting from dowry-related abuse.
Offence : Dowry death.
Punishment : Imprisonment for not less than 7 years but which may extend to imprisonment for life.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.
Find the best lawyer for BNS Section 80 charges
Comments by Users
No Comments! Be the first one to comment.
2+ Lawyers are online