Dowry Death in India remains a deeply rooted social and legal issue.
Read below for a real case, legal provisions under BNS, and landmark judgments.
Recently, on 30 April 2025, The Kerala High Court on Monday sentenced a man and his mother for starving his wife to death over dowry demands. Dowry refers to an old traditional idea in which the bride’s family gives something of value like gifts to the groom’s family. The word comes from the Latin word “Dotarium” from which the term came . “Dowry Death” means the death of women within seven years of marriage occur due to burn or bodily injury otherwise the normal circumstances soon before her death his subject to harassment or cruelty by his husband and relatives for demanding dowry. This term first began to be used in 1977-78 when investigations revealed that the death of married women which have been camouflaged by the family members as a happy marriage or by police as accidents, suicides were in face murder preceded by prolonged physical and mental torture by the husband and in laws in connection with the dowry demand. Instead of calling it as “wife’s murder” or “abetted suicides” the women organizations termed it as “dowry deaths”.
Due to the frequents death and injustice, Section 113B of the Indian Evidence Act,1872 and the Section 304B of the Indian Penal Code were added by the Dowry Prohibition (Amendment) Act 1986 . This was done to solve the increasing problem of dowry deaths.
With the IPC and Indian Evidence Act replaced by Bharatiya Nyaya Sanhita,2023 and Bharatiya Sakshya Sanhita,2023, some new laws and definitions emerged regarding dowry death.
LEGAL ASPECT:
Section 80 of BNS deals with “dowry death.” It is part of CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD in Bharatiya Nyaya Sanhita. The section states that where the woman dies of any injuries within seven years of her marriage and it is proved that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry, such death shall be called “dowry death”. Under this provision, the burden of proof shifts into the hands of the accused and it hands out rather easy grounds for establishing guilty convictions for the prosecution in dowry deaths.
As per the Section 80 of BNS, the main ingredients for committing the offence are as follows:-
a. Death within seven year of marriage: this said offence must prove that the death of women has occur within seven years of her marriage.
b. Death occur due to burn & bodily injury: As per this section the reason of death of women is due to burn & bodily injury.
c. Soon before death subject to cruelty: As per this section, the women must be subjected to cruelty or harassment by her husband or relatives for demanding dowry.
PUNISHMENT:
This offence is triable by Court of Session and Imprisonment awarded not less than 7 years extended to life imprisonment. However, depending on the seriousness of the offense, the punishment can be increased to life in prison. The presumption of Dowry Death under Bharatiya Sakshya Adhiniyam, 2023 is under Section 118 shall presume by the Court of law.
The significance of this act is that it is a big step towards protecting women from dowry related violence. It serves multiple purposes, it attempts to protect women who feel helpless against cultural pressures and family responsibilities. It protects women under laws like the Protection of Women from Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961. These laws work together to stop dowry harassment and provide support to women.
If a dowry death occurs, the police must immediately begin an investigation. The law assumes the husband and his family are responsible unless they can prove otherwise. This helps ensure that victims, who are often mistreated, get justice.
CHALLENGES:
However, there are multiple challenges in the execution of this legislation:
This includes the deep-rooted cultural norms and societal expectations which continue to normalize the practice of dowry in society, the stigma and shame associated with it still prevents dowry reporting. Another reason is lack of evidence, acts of cruelty which typically occurs behind closed doors, within a confinement where there are no witnesses. This lack of witness makes it challenging for the law enforcement. While the laws are designed to protect women from abuse, there have been instances where individuals misuse these legal provisions to settle personal scores or out of spite. Filing false cases against innocent individuals not only causes undue hardship to the accused but also undermines the credibility of genuine victims, ultimately affecting the integrity of the legal system. The slow pace of judicial processes is another reason for delayed justices, the prolonged legal battles can be emotionally and financially draining for the victims discouraging them from pursuing justice.
CASE LAWS:
- State of Haryana vs Satbir Singh (2021) – The Court held that cruelty related to dowry can be established through indirect evidence when direct evidence is not available.
- State of Bihar v Kamesh Panjiyar – Reiterated that burden of proof lies with the husband and family, and that indirect and circumstantial evidence is key.
- State of Kerala vs Kunhiabdulla and Anr (2004) – The Court expanded the scope of “harassment” to include mental cruelty as well.
CONCLUSION:
Section 80 of the Bharatiya Nyaya Sanhita (BNS) stands as one of the most crucial legal provisions introduced to combat the grievous crime of dowry death in India. Although relatively recent, Section 80 aligns with well-established legal principles found in Section 304B of the Indian Penal Code (IPC), reinforcing the legal framework against dowry-related offenses. When effectively implemented, and with societal transformation and robust support systems for victims, this provision offers a significant avenue for women to seek justice from perpetrators of such heinous crimes.
The pervasive issue of dowry-related violence demands greater attention and widespread awareness. As society evolves, it is imperative that laws and their implementation evolve as well, ensuring that justice is served in a manner that upholds the rights of every woman. This transformation should guarantee that women are not only protected but also respected and cherished within the sanctity of their marital homes.
Mahi Srivastava ( Vivekanand Institute of Professional Studies – 1st year of BALLB )
