BNS Section 80 – Dowry death

Amit Kapoor05 mins

Section in IPC – 304-B

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 on BNS-80: Dowry Death

BNS-80 addresses the crime of dowry death, which involves the death of a woman in circumstances connected to dowry-related abuse.

1. Definition of Dowry Death

  • Circumstances: A woman’s death caused by burns, bodily injury, or occurring under abnormal circumstances within seven years of her marriage.
  • Cruelty or Harassment: The woman must have been subjected to cruelty or harassment by her husband or his relatives shortly before her death.
  • Dowry Connection: The cruelty or harassment must be directly connected to a demand for dowry.

2. Legal Definition

  • Dowry: Defined under Section 2 of the Dowry Prohibition Act, 1961. It typically refers to any property or valuable security given or agreed to be given in connection with marriage.

3. Deemed Responsibility

  • Presumption of Responsibility: If the above conditions are met (death within seven years, cruelty or harassment related to dowry), the husband or any relative of the husband is deemed to have caused the death.

4. 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.

5. Summary

BNS-80 defines dowry death as the death of a woman caused by burns, injury, or other suspicious circumstances within seven years of marriage, where she was subjected to dowry-related cruelty or harassment. Those responsible, including the husband or his relatives, can face imprisonment ranging from seven years to life imprisonment. This provision specifically targets dowry-related abuse and aims to hold offenders accountable for such crimes.

Offense and Punishment Details

  • Offense: Dowry death, as defined by the conditions mentioned in the section.
  • Punishment: Imprisonment for not less than 7 years, which may extend to life imprisonment.
  • Cognizable or Non-cognizable: Cognizable, meaning the police can arrest the offender without a warrant.
  • Bailable or Non-bailable: Non-bailable, meaning the offender cannot get bail automatically.
  • Court: The offense is triable in a Court of Session.

This section aims to penalize dowry-related abuse and violence, ensuring that individuals responsible for a woman’s death due to dowry demands face severe legal consequences.

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