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Home › BNS Sections › Section 80
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 80 BNS - Dowry death

धारा 80 BNS (भारतीय न्याय संहिता) दहेज मृत्यु का प्रावधान है - विवाह के सात वर्ष के भीतर दहेज की मांग से जुड़ी क्रूरता के बाद अस्वाभाविक मृत्यु। पुरानी IPC की धारा 304B अब यही धारा 80 BNS है, बिना किसी बदलाव के।

Act
Bharatiya Nyaya Sanhita, 2023
Section
80 - Dowry death
Old provision
Section 304B IPC
Punishment
Impriso nment for not less than 7 years but which may extend to imprisonment for life.
Cognizable?
Cognizable.
Bailable?
Non-bailable.
Triable by
Court of Session.

Old law → Section 80 BNS

Corresponds toChangeRemarks
Section 304B IPC Renumbered, no change No change., IPS, Director, CAPT Bhopal

Section 80 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines and punishes dowry death. It is the direct successor of the widely known Section 304B IPC, carried into the new code on 1 July 2024 without any change in substance - the official comparison table records the move as a renumbering with "no change".

What Section 80 BNS provides

  • Section 80(1) - where the death of a woman is caused by 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, the death is called a "dowry death" and the husband or relative is deemed to have caused her death. "Dowry" carries the meaning given in Section 2 of the Dowry Prohibition Act, 1961.
  • Section 80(2) - whoever commits dowry death shall be punished with imprisonment for a term of not less than seven years, which may extend to imprisonment for life.

The essentials in plain language

Four things must come together: an unnatural death (burns, bodily injury, or otherwise not in normal circumstances); the death falling within seven years of the marriage; cruelty or harassment of the woman by the husband or his relatives; and that cruelty or harassment being linked to a demand for dowry and occurring "soon before" the death. Once these are shown, the law does something unusual - it deems the husband or relative to have caused the death, and a statutory presumption of dowry death operates against the accused under the evidence law, shifting the burden onto the defence. "Soon before" does not mean "immediately before": the courts ask for a proximate and live link between the dowry-related cruelty and the death, not a fixed time band.

Procedure, bail and trial

Dowry death is a cognizable and non-bailable offence, triable by the Court of Session. The minimum sentence of seven years makes it one of the most serious offences in the matrimonial-cruelty family. In practice, an FIR under this section is commonly accompanied by allegations of cruelty by the husband or his relatives, which is separately punishable under the new code.

What changed from Section 304B IPC

Nothing of substance. Section 304B IPC was renumbered as Section 80 BNS with the definition, the deeming clause, the seven-year window and the punishment all intact. Everything decided by the Supreme Court and High Courts on Section 304B - on "soon before", on the reach of the deeming provision, and on who counts as a "relative" - continues to apply to prosecutions under the old section and the new alike.

Leading Supreme Court judgments

  • Satbir Singh v. State of Haryana (2021) - "soon before" requires a proximate and live link between the cruelty and the death, and trial courts must apply the statutory presumption once the ingredients are established.
  • Kans Raj v. State of Punjab (2000) - a caution against implicating every relative of the husband on sweeping, unspecific allegations; the role of each accused must be examined.

Dealing with a dowry-death case - as the woman's family or as an accused family? These are Sessions trials built on the "soon before" evidence, and early legal advice shapes them decisively. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 80 BNS?

Section 80 of the Bharatiya Nyaya Sanhita, 2023 defines and punishes dowry death. It replaced Section 304B of the Indian Penal Code on 1 July 2024 without any change in substance.

What is Section 304B IPC called now?

Dowry death is now Section 80 BNS. The definition, the deeming clause and the punishment are carried forward unchanged, so the old case law continues to apply.

What is the punishment for dowry death under Section 80 BNS?

Imprisonment for not less than seven years, which may extend to imprisonment for life.

Is dowry death bailable, and which court tries it?

No. Dowry death is a cognizable, non-bailable offence triable by the Court of Session.

What must be proved for a dowry death conviction?

An unnatural death of a woman within seven years of marriage, and cruelty or harassment by the husband or his relatives soon before the death in connection with a demand for dowry. Once these are shown, the husband or relative is deemed to have caused the death and a statutory presumption operates against the accused.

What is the punishment for dowry death under Section 80 BNS?

Whoever commits dowry death shall be punished with imprisonment for a term of not less than seven years, which may extend to imprisonment for life.

What are the essential ingredients of dowry death under Section 80 BNS?

There must be an unnatural death of a woman within seven years of her marriage, along with proof that she was subjected to cruelty or harassment by her husband or his relative for a dowry demand soon before her death.