Dowry death refers to the tragic fatalities resulting from harassment or violence linked to dowry demands within seven years of marriage. Governed by Section 80 of the Bharatiya Nyaya Sanhita, it classifies such deaths as a serious crime. Offenders face a minimum of seven years to life imprisonment. This law aims to protect women from dowry-related cruelty and uphold their rights.Call Now For Legal Help:-+91-8877001993
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Marriage is defined as a legal union of two people as partners for life in joy and happiness but it also brings the burden of dowry for the family of the bride, there is no doubt that even in the 21st century some people expect dowry and when they do not get the desired amount of money or the goods they cause physical and mental harm to the bride. We Indians are still struggling with a society that believes in giving and getting dowry due to social circumstances or establishing a status symbol. Some greedy people still believe that marriage is a great chance to get money for free. Lack of education or lack of awareness is the cause of dowry.
Introduction of Section 80 of BNS: Section 80 of BNS addresses the crime of dowry death, this law deals with cases where a woman dies due to burns, bodily injury, or under abnormal circumstances within seven years of marriage.If it is concluded that she suffered cruelty or harassment by her husband or his relatives because of dowry demand, the death is considered a dowry death, and those people can face imprisonment. This law focuses on protecting women from dowry death and cruelty.
If a woman dies because of burn, bodily injury, or under unnatural circumstances and there is evidence of dowry death by the husband or relatives, this law punishes those criminals with imprisonment.
Section 80n of BNS defines the punishment of dowry death to protect women from dowry related cruelty. The term dowry conveys the same definition as provided in the Dowry Prohibition Act, 1961.
- Punishment: The punishment for dowry death is a minimum imprisonment of seven years, which may extend to imprisonment for life, depending on the severity of the case and the court’s decision.
- Cognizable offence: Section 80 of (BNS) Bhartiya Nyaya Sanhita is a cognizable offence. It means that the police can arrest the accused without a warrant and can start an investigation without the permission of a magistrate.
- Bailable or non bailable offence: This section of BNS is a non bailable offence, the accused is not allowed a bail as a matter of right in such cases only court grants bail.
- Tried by a court of session: Cases under this section are tried in a court of session which handles serious criminal cases.
- Compoundability: This offence is non compoundable, and cannot be settled outside of court once a case is filed in the court.
- Example of section 80 of BNS: A newly married woman was found dead in her house under unnatural circumstances, her family proved that the cause of her daughter’s death was her husband and his family because they demanded more and more dowry every day and mistreated their beloved daughter. This case can be considered as a dowry death for two reasons first is an unnatural death and proof of dowry demand.
- Case law Of BNS 80: Satbir Singh v. State of Haryana(2021):-Satb ir Singh, the appellant, and the deceased wife (victim) were married on 01.07. 1994. On 31.07.1994, the father of the deceased was informed of the condition of his daughter, however, the victim had already died by the time the family reached the hospital.
In the complaint filed by the victim’s family, it was mentioned that the deceased had previously been harassed by the appellant's family because she has brought less dowry than demanded by the appellants. The appellant argued that the deceased has committed suicide by setting herself on fire.
On 11.12.1997, the appellant was convicted by the trial court under section 304B and section 306 of the IPC and was sentenced to rigorous imprisonment of seven years and five years for offences punishable under section 304B and 306.
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