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Section 80 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses offenses affecting human life and personal dignity. It specifically deals with dowry deaths, holding individuals accountable when a woman dies under suspicious circumstances within seven years of marriage due to cruelty or harassment related to dowry demands.
Section 80 of the BNS 2023 States:
(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.
Dowry death is a situation where a woman dies due to burns, bodily injury, or under suspicious circumstances within seven years of marriage, following cruelty or harassment by her husband or in-laws related to dowry demands.
Key Elements:
1. Death under Suspicious Circumstances: The woman's death occurs due to burns or injuries, or under abnormal circumstances, within seven years of marriage
2. Cruelty or Harassment: There must be evidence that the woman was subjected to cruelty or harassment by her husband or in-laws, often related to dowry demands
3. Dowry Death: When these elements are established, the death is considered a 'dowry death,' and the husband or relative is deemed responsible for causing her death
4. Punishment: Offenders can face a minimum of seven years imprisonment, with the possibility of life imprisonment.
Example:
A newly married woman, within five years of marriage, is found dead after being set on fire in her home. Before her death, she had reported multiple incidents of her husband and in-laws demanding dowry and subjecting her to mental and physical abuse. In this case, the woman's death would be classified as a 'dowry death,' and her husband and in-laws could be charged and face punishment under this section.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Definition of Dowry Death:
This section outlines the key differences between Section 80 of BNS and its equivalent IPC section 304B focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
80 | Dowry death. | 304B | No change. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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