Section 80 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 80 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Dowry Death
Section 80 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of "dowry death," providing a legal framework for prosecuting cases where a woman dies under suspicious circumstances within seven years of marriage, and there is evidence of cruelty or harassment related to dowry demands.
Text of Section 80
80. Dowry death.
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.
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.
Key Elements
Timeframe: The woman's death must occur within seven years of her marriage.
Cause of Death: The death must be caused by burns, bodily injury, or occur under circumstances that are not normal.
Evidence of Cruelty or Harassment: There must be evidence that, soon before her death, the woman was subjected to cruelty or harassment by her husband or any relative of her husband in connection with a demand for dowry.
Legal Definition of Dowry: The term "dowry" is defined as per Section 2 of the Dowry Prohibition Act, 1961.
Punishment
Imprisonment: The accused shall be punished with imprisonment for a term not less than seven years, which may extend to imprisonment for life.
Purpose
Section 80 aims to address and penalize the practice of dowry-related deaths, providing a legal recourse for such cases and serving as a deterrent against dowry demands and related cruelty.
Comparison with Indian Penal Code (IPC)
Section 80 of the BNS, 2023 corresponds to Section 304B of the Indian Penal Code (IPC), 1860, which also deals with dowry deaths. Both provisions share similar definitions and punishments, reflecting a consistent legal approach to combating dowry-related offences.
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