dowry death

Under s.80 BNS (old s.304B IPC), where a woman's death is caused by burns or bodily injury, or occurs otherwise than in 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 his relatives for or in connection with a demand for dowry, the death is a dowry death and the husband or relative is deemed to have caused it. Punishment is imprisonment for at least seven years, extending to life.

Section 118 BSA (old s.113B Evidence Act) raises a presumption once these facts are shown. In Satbir Singh the Supreme Court held that “soon before” does not mean “immediately before”; there must be a proximate and live link between the cruelty and the death.

Example

Since she died of burns within three years of marriage and dowry harassment was proved a week earlier, the presumption of dowry death under s.118 BSA arose.

In Indian law

• Section 80 BNS (old s.304B IPC)
• Section 118 BSA (old s.113B Evidence Act)
• Satbir Singh v. State of Haryana, 2021 INSC 301

See also

dowry · dying declaration · domestic violence

Read more in the study notes

• Offences relating to marriage: dowry death, bigamy and cruelty (Bharatiya Nyaya Sanhita)
• From the IPC to the BNS: background, extent and key reforms (Bharatiya Nyaya Sanhita)
• Mob lynching, death by negligence and hit and run (Bharatiya Nyaya Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)