This article is written by Rangeetha yadav, A 3rd year BA. L. L.B, student studying at The Oxford College of Law, Bangalore, and the article deals comprehensively about the provisions of Dowry Death under Bhartiya Nyay Sanhita – BNS.
INTRODUCTION
Dowry death is an important and serious topic in the society to be understood by all the citizens that taking dowry is not only not a crime but offering dowry is also a crime .
Dowry’s death, which is a serious social problem, has been discussed under the Indian penal code and Bharatiya Nyay Sanhita which is replaced by the Indian penal code. Under this they have mentioned that dowry death is a punishable offence when a married woman dies under unnatural circumstances within seven years of marriage due to cruelty or harassment by her husband, in-laws, and his relatives for dowry. Such acts will be considered as dowry death if the cruelty is proven.
This provision for dowry death under section 80 of Bharatiya Nyay Sanhita and earlier it was 304 of the Indian penal code and this law is very helpful for every married woman where their rights are being protected.
MEANING
Dowry death means the death of a woman due to burns, injuries, or unnatural circumstances within seven years of marriage and is a punishable offence if cruelty is proven.
DEFINITION*
“JUSTICE P.N.BHAGWATI”.
Dowry death is a phenomenon where a young married women is subjected to cruelty and harassment by her husband and his relatives for not bringing sufficient dowry ,and ultimately meets a tragic end,*{state of maharastra v.chandraprakash kewalchand jain,1982}*
“JUSTICE V.R.KRISHNA IYER”
Dowry death is a social crime, a slur on our civilization ,and a symptom of the deep-seated vice of dowry system. {state of Maharashtra v.rajendra Jugalkishore, 1981}
PROVISIONS OF DOWRY DEATH UNDER BHARATIYA NYAY SANHITA:-
Under section 80 of BNS the section is defined that if the married women dies due to unnatural circumstances such as burns, bodily injured,and suicide with in seven years of marriage for the dowry is considered as dowry death.and the cruelty and harassment should be done by her husband ,in-laws or his relatives if the cruelty is proven then they will be punished under dowry death.
Section 80:- whoever commits dowry death will be punished for seven years imprisonment or for life time.
CASE LAW:-
1.KANS RAJ V. STATE OF PUNJAB:-
FACTS:- in this case the husband and the relative harassed the women for dowry.
JUDGEMENT:- The court held that the close relative member and husband will be held guilty for the cruelty.
ESSENTIALS OF DOWRY DEATH:-
CIRCUMSTANCES OF DOWRY DEATH:- In the dowry death the main thing to be noticed to get justice is whether the death of the woman is by unnatural circumstances or not and the circumstances are eg;burns,bodily injured, or suicide because of dowry and if the cruelty and harassment due to which the death is caused is proven in the court of justice then they will be punished for dowry death.
PERIOD OF DEATH:-
The death of the women should occur within the seven years of marriage to prove the cruelty and harassment done by the in-laws or husband
UNNATURAL CIRCUMSTANCES
The death of the women must be in unnatural circumstances eg; burns, bodily injuries,suicide .
DEATH BECAUSE OF DOWRY
The cruelty and harassment with the women must be linked to dowry demand.
IMPORTANT CASE LAW:-
1.SHANTI V.STATE OF HARYANA:-
FACTS:- Shanti was mother inlaw of a young women who died due to cruelty and harassment done by shanti and other relatives in demand of dowry and when her family failed to give the dowry the in-laws harassed her due to which she died because of stress and harassment.
JUDGEMENT:- The supreme court held that every ingredients of dowry death are present in this case and this essentials are enough to convict shanti under dowry death.
2.SATBIR SINGH V. STATE OF HARYANA:-
FACTS:- satbir singh was husband of a women who died because of his cruelty and harassment done by him and his family for more dowry and it was suspected that it was a suicide or killed by him because of more dowry .
JUDGEMENT:- The supreme court held that satbir singh will be punished under 304B of dowry death as he had killed his wife in demand of dowry .
CHALLENGES IN IMPLEMENTATION
The implementation laws against dowry death faces lots of challenges .
1. Lack of evidence:- in many dowry death cases there is not much evidence to prove the cruelty or harassment directly caused death,it is very difficult to prove the womens death is due to harassment.
2.Underreport cases:- the family members in some cases does not file a case because of their status and in some cases the victims in-laws pressurize the victims family member not to file a case against them.
3.Delay in justice:- in dowry death cases it takes lot of time in the proceeding and due to delay in proceeding victims parents lose patience before getting the justice.
4.Dowry as a culture:- in many parts of india dowry is still part of their culture and this also comes under the challenges in implementation of law against dowry death.
5.No immediate action taken by authorities:- some cases are delayed because of police and authorities they take late action and lack of proper investigation takes place.
6.Limited awareness:- in rural areas till now most of the people are not aware of the law against dowry and dowry death.
7.Misuse of the law:- few people take it for granted the women for their own benefit misuse the law they file a fraud complain against their in-laws or husband and their relatives.
PROVISION OF DOWRY DEATH UNDER INDIAN PENAL CODE:-
DOWRY DEATH UNDER INDIAN PENAL CODE- (SECTION 304B)
It defines that if a married woman dies under unnatural circumstances like [burns, bodily injuries, or suicide] within 7 years of marriage, and it is proven that she was a victim of that cruelty or harassment for dowry by her husband or her in-laws before her death then it is considered as dowry death.
PUNISHMENT FOR DOWRY DEATH UNDER INDIAN PENAL CODE.
Under Indian penal code if anyone is guilty for dowry death, they will be punished for *seven years* imprisonment or for life time.
RELATED LAWS OF DOWRY DEATH:-
SECTION 113B OF THE INDIAN EVIDENCE ACT – 1872
If a woman dies under unnatural circumstances within 7 years of marriage the court will presume that it is a dowry
DOWRY PROHIBITION ACT 1961
Demanding , giving or taking dowry is illegal
CONCLUSION:-
The country where marriage is a sacred thing and few of them have spoiled it just because of their greed by demanding dowry and harassing a woman for gifts, money from their parents which is a wrongful act under 304B of Indian penal code* and under section* 80* if *Bhartiya Nyay Sanhita* and a punishable offence. They will be imprisoned for not less than seven years or for life time .
