Meaning of Dowry Death

Section 80 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of dowry death and prescribes punishment for it.
Section-80 “(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 considered a grave social evil and an offence not only against an individual woman but against society as a whole.
The provision has been enacted with the object of curbing the growing menace of dowry-related deaths with a strong deterrent approach under the Dowry Death Law in India.

Essential Ingredients of Dowry Death

For an offence to be treated as dowry death, certain essential ingredients must be cumulatively satisfied.

• Firstly, the death of a woman must be caused by burns, bodily injury, or must occur otherwise than under normal circumstances.

• Secondly, such death must have occurred within seven years of her marriage.

• Thirdly, it must be shown that the woman was subjected to cruelty or harassment by her husband or any relative of her husband.

• Fourthly, such cruelty or harassment must be for, or in connection with, any demand for dowry.

• Lastly, the cruelty or harassment must have been inflicted upon her soon before her death. If any of these elements is missing, the offence of dowry death is not made out.

Meaning of Dowry

• The term “dowry” is not defined under the Bharatiya Nyaya Sanhita.
• Section 80 adopts the definition provided under the Dowry Prohibition Act, 1961.
• Dowry means any property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage to the other party, or by parents or relatives of either party, at or before or at any time after marriage, in connection with the marriage.
• However, dowry does not include mahr in cases governed by Muslim Personal Law.

Meaning of Cruelty

• Cruelty is also not defined in Section 80 BNS and its meaning is derived from Section 86 of the Bharatiya Nyaya Sanhita.
Section-86 “cruelty” means:
(1) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(2) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
• In Shanti v. State of Haryana (1991), the Supreme Court held that the meaning of cruelty applicable to cruelty offences can also be applied to dowry death cases.
• Cruelty includes wilful conduct of such nature as is likely to drive a woman to commit suicide or to cause grave injury or danger to life, as well as harassment with a view to coercing her or her relatives to meet unlawful demands for dowry.

Meaning of “Soon Before Death”

• The expression “soon before death” does not mean immediately before death.
• In Mustafa Shahadal Shaikh v. State of Maharashtra (2013), the Supreme Court held that there must be a proximate and live link between the cruelty based on dowry demand and the death of the woman.
• In Maya Devi v. State of Haryana (2016), the Court reiterated that the concept of proximity test is embedded in the expression “soon before death” and the time gap should not be too long.

Reasonable Time Test

• In Girish Singh v. State of Uttarakhand (2019), the Supreme Court held that conviction under dowry death provisions can be sustained only when cruelty or harassment was for or in connection with demand for dowry and occurred soon before death.
• Further, in Ashok Kumar v. State of Haryana (2010), the Court observed that the concept of reasonable time is the best criterion to determine whether the cruelty occurred soon before death.

Punishment for Dowry Death

• The punishment prescribed under Section 80 of the Bharatiya Nyaya Sanhita is rigorous.
• A person found guilty of 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.
• The minimum sentence reflects the seriousness with which the legislature views this offence under the Dowry Death Law in India.

Nature of Death under Dowry Death Provision

• In Maya Devi v. State of Haryana (2015), the Supreme Court clarified that dowry death is not dependent upon whether the death is homicidal, suicidal or accidental. If the death occurs otherwise than under normal circumstances and all the ingredients of Section 80 are satisfied, it shall be treated as dowry death irrespective of the nature of death.
• Thus, classification of death is irrelevant once statutory conditions are fulfilled.

Legislative Intent behind Dowry Death Law

• In Ajhola Devi & Anr. v. State of Jharkhand (2022), the Supreme Court emphasized that the legislative intent behind incorporating Section 80 BNS (earlier Section 304B IPC) is to deal sternly with the offence of dowry death. The Court observed that dowry death is an offence against society and has a serious social impact. Therefore, courts must keep the deterrent purpose of the Dowry Death Law in India in mind while awarding punishment.

Presumption of Dowry Death

• Section 80 of the Bharatiya Nyaya Sanhita is to be read along with Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, which provides for a statutory presumption of dowry death.
• When it is shown that soon before her death a woman was subjected to cruelty or harassment for or in connection with demand for dowry, the court shall presume that such person has caused the dowry death. This presumption is mandatory in nature.

Burden of Proof

• In Satbir Singh v. State of Haryana (2005), the Supreme Court held that once the prosecution is able to establish the essential ingredients of dowry death, the burden of proof shifts upon the accused. This shift occurs due to the statutory presumption under the law of evidence, and the accused must rebut the presumption by leading cogent evidence.

Frequently Asked Questions

Is it necessary that death must be by suicide?

No. Dowry death includes:

1. Suicide,

2. Burns,

3. Poisoning,

4. Hanging,

5. Any unnatural or suspicious death.
   If the death occurs in abnormal circumstances within 7 years of marriage and dowry harassment is proven, Section 80 may apply.

What is the role of Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?

Section 118 provides a legal presumption.
If it is shown that:
The woman died within 7 years of marriage, and
She was subjected to dowry harassment soon before her death,
The Court shall presume that the husband or relatives caused the dowry death.

Who can file a complaint in a dowry death case?

Generally:

1. The woman’s parents,

2. Close relatives,

3. Any person aware of the incident,

4. Or police can register FIR upon receiving information.
   Dowry death is a cognizable and non-bailable offence.

Is post-mortem compulsory in dowry death cases?

Yes.
In cases of unnatural death of a married woman within 7 years of marriage, a magisterial inquiry and post-mortem examination are mandatory under Bnss provisions.

What evidence is usually considered in dowry death cases?

Courts consider:

1. Witness statements (parents, relatives, neighbours),

2. Messages, chats, letters,

3. Medical records,

4. Previous complaints,

5. Post-mortem report

Proof of dowry demand.