Bharatiya Nyaya Sanhita Section 80 Dowry Death

Bharatiya Nyaya Sanhita Section 80 Dowry Death addresses the crime of dowry death, it states the circumstances under which a death is classified as such, and specifying the punishment for those found guilty. This section is crucial for protecting women from violence and harassment related to dowry demands.

Bharatiya Nyaya Sanhita Section 80 Dowry Death : Provision

(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.

Definition of Dowry Death

• According to section 80(1) of the BNS, a death is classified as a “dowry death” when the following conditions are met:
  • A woman’s death is caused by burns or bodily injury, or occurs under other than normal circumstances.
  • The death occurs within seven years of her marriage.
  • It is shown that soon before her death, she was subjected to cruelty or harassment.
  • Such cruelty or harassment was perpetrated by her husband or any relative of her husband.
  • The cruelty or harassment was for, or in connection with, any demand for dowry.
• If these conditions are satisfied, the husband or relative is deemed to have caused her death.
• The term “dowry” in this context has the same meaning as in section 2 of the Dowry Prohibition Act, 1961.

Punishment for Dowry Death

• Section 80(2) of the BNS specifies that anyone who commits dowry death will be punished with imprisonment:
  • The term of imprisonment shall not be less than seven years.
  • The imprisonment may extend to imprisonment for life.

Key Points and Implications of Bharatiya Nyaya Sanhita Section 80 Dowry Death

• Focus on Timeframe: The law stipulates that the death must occur within seven years of marriage, highlighting the period when women are often most vulnerable to dowry-related abuse.
• Cruelty and Harassment: The law specifically mentions “cruelty or harassment” in connection with dowry demands. This covers a wide range of actions, from physical violence to emotional and mental abuse.
• Deemed Causation: By deeming the husband or relative to have caused the death, the burden of proof is shifted, making it easier to prosecute offenders. This means that once the conditions are met, the court will presume the husband or relative responsible for the death, and it will be up to them to argue otherwise.
• Connection to Dowry: The demand for dowry must be the motive for the cruelty or harassment. This links the violence directly to the prohibited practice of giving and taking dowry.
• Definition of Cruelty: The BNS also defines cruelty as any wilful conduct that is likely to drive a woman to commit suicide, or to cause grave injury or danger to her life, limb, or health, whether mental or physical, or harassment with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
• Increased punishment: Previously, under the Indian Penal Code (IPC), Section 304B dealt with dowry death. The BNS maintains the essence of this section, with a punishment that may extend to imprisonment for life. There is no change in punishment under the BNS
• Cognizable Offence: Dowry death is a cognizable offence, meaning the police can register a case and investigate without a magistrate’s order, ensuring a prompt response.
• Complaint: Cases can be registered on the complaint of the victim or her blood relatives or a notified public servant.

Practical Illustration:

A young woman, married for three years, was subjected to repeated harassment by her husband and in-laws for not bringing a car as part of her dowry. Unable to bear the harassment, she passed away under mysterious circumstances. Her death, within the stipulated seven years of marriage, and the evidence of dowry-related cruelty, make it a case of dowry death under Section 80 of the BNS.

Relationship to Other Sections

• Section 85 of the BNS addresses the cruelty of a husband or his relative against a woman, which is closely related to the circumstances that may lead to dowry death.
• Section 86 defines “cruelty” for the purposes of Section 85.

Comparison with the Indian Penal Code (IPC)

• The BNS replaces the IPC. Section 80 of the BNS corresponds to Section 304B of the IPC, which also dealt with dowry death. The core concept of dowry death remains consistent between the two, but some enhancements in punishment are incorporated.

Purpose and Significance

• Section 80 is designed to address the social evil of dowry, which often leads to violence against women. This law acts as a strong deterrent against dowry demands and ensures that those who perpetrate violence related to dowry are severely punished.

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Particulars of the offence :

Important Supreme Court and High Court judgments  

1. Satbir Singh v. State of Haryana (2021)

In this case, The Supreme Court clarified the evidentiary burden in dowry death cases. It held that once the essential ingredients of dowry death under Section 304B IPC (now Section 80 BNS) are established, the presumption under Section 113B of the Evidence Act is triggered. The onus shifts to the accused to prove their innocence. The court emphasized the need for sensitive investigation and trial in such cases.

2. Kans Raj v. State of Punjab (2000)

The Court observed that vague and general allegations of cruelty cannot implicate all family members in dowry death cases. It emphasized the need for specific evidence to distinguish between direct and indirect involvement of relatives. The judgment underlined that misuse of the law by implicating innocent relatives must be avoided.

3. State of Punjab v. Iqbal Singh (1991)

 The Court elucidated the importance of proving a link between the dowry demand, harassment, and the unnatural death. It reiterated that the harassment must occur “soon before death,” meaning the cruelty or harassment should be proximate in time to the death.

4. Shanti v. State of Haryana (1991)

The judgment emphasized the interpretation of the phrase “soon before death.” The court held that while there is no specific time frame, the harassment must have occurred within a reasonable time close to the woman’s death. The case further reinforced the statutory presumption against the accused in dowry death cases.

5. Bhagwan Das v. Kartar Singh (2007)

The Court highlighted the necessity of interpreting evidence holistically. It ruled that minor inconsistencies in witness testimonies do not dilute the culpability of the accused when there is substantial evidence linking the dowry demand and harassment to the death.

6. Prem Kanwar v. State of Rajasthan (2009)

The Court underscored the evidentiary role of Section 113B of the Evidence Act in dowry death cases. It observed that even circumstantial evidence can lead to a conviction if cruelty or harassment related to dowry is proven soon before the victim’s death.

7. Ashok Kumar v. State of Haryana (2010)

The Court stressed that dowry-related cruelty can include physical and mental abuse. It stated that the term “cruelty” under the law should be interpreted to include any conduct that harms the victim emotionally or physically in connection with dowry demands.

FAQs on Bharatiya Nyaya Sanhita Section 80 Dowry Death

1. What is dowry death under BNS Section 80?
   Dowry death is when a woman dies due to burns, bodily injury, or unnatural circumstances within seven years of marriage, and it is proven that she was subjected to cruelty or harassment related to dowry demands by her husband or his relatives.
   
2. What is Section 80 of the Bharatiya Nyaya Sanhita (BNS)?
   Section 80 defines the offense of dowry death, specifies the circumstances under which a death is classified as such, and prescribes punishment for the accused.
   
3. What is the punishment for dowry death in India under Section 80 of the BNS?
   The punishment for dowry death is imprisonment for a term of not less than seven years, which may extend to life imprisonment.
   
4. Who can file a complaint in a dowry death case?
   A complaint can be filed by the victim’s blood relatives, such as parents, siblings, or other family members, as well as by a notified public servant.
   
5. What is the definition of “dowry” under Section 80 of the BNS?
   “Dowry” is defined as per Section 2 of the Dowry Prohibition Act, 1961, which includes any property or valuable security given or agreed to be given in connection with marriage.
   
6. What is Section 82 of the BNS?
   Section 82 of the BNS addresses abetment of suicide by a married woman within seven years of marriage, distinguishing it from dowry death but closely related in its implications.
   
7. Is dowry death a cognizable and non-bailable offense?
   Yes, dowry death is a cognizable and non-bailable offense, meaning the police can arrest and investigate without prior magistrate approval, and bail is not granted as a matter of right.
   

Section 80 of the Bharatiya Nyaya Sanhita is a critical provision designed to protect women from dowry-related violence and death. The law outlines specific criteria for classifying a death as dowry-related and provides stringent punishments for offenders, underscoring the severity with which the Indian legal system views this crime.