Section 66 of the Bharatiya Nyaya Sanhita (BNS), 2023
Key Points of Section 66
When it applies
If a woman dies:
within 7 years of her marriage, and
the death is caused by burns, bodily injury, or occurs under abnormal/unusual circumstances,
Condition of cruelty/harassment
Before her death, she must have been subjected to cruelty or harassment by her husband or his relatives.
Such cruelty or harassment must be linked to a demand for dowry.
Deemed offence
In such cases, the law presumes the husband or his relatives responsible, and it is called “Dowry Death”.
Punishment
Imprisonment for not less than 7 years, which may extend to life imprisonment.
Important Legal Understanding
Special Presumption of Guilt:
Unlike normal criminal law (where the burden is on prosecution to prove guilt), here the law presumes the guilt of the husband or his relatives if the conditions are met. They must prove their innocence.
Relation to Cruelty (Section 63 BNS):
Cruelty in this context refers to mental or physical torture with a connection to dowry demands.
Scope:
“Relative of husband” includes parents-in-law, brothers-in-law, sisters-in-law, or any close family member.
“Dowry” means property, valuable security, or any demand connected with marriage, as understood under the Dowry Prohibition Act.
Why this section is important?
Dowry deaths have been a serious social evil in India.
Many cases used to go unpunished due to lack of direct evidence (since often the woman dies inside her matrimonial home).
Section 66 ensures strict punishment by placing responsibility on the husband and his family if unnatural death happens within 7 years of marriage due to dowry harassment.
✅ In short:
If a married woman dies unnaturally within 7 years of marriage, and she was tortured for dowry by husband or in-laws, it will be treated as Dowry Death under Section 66 BNS, punishable with 7 years to life imprisonment.
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