Dowry death
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Summary
If a married woman dies from burns, bodily injury, or otherwise under abnormal circumstances within seven years of marriage and she was subjected shortly before death to cruelty or harassment over a dowry demand, the death is treated as dowry death. The husband or his relative is presumed to have caused the death. Conviction carries not less than seven years’ imprisonment and may extend to life; the offence is cognizable, non-bailable and triable by a Sessions Court.
Example
Priya married three years ago. After repeated harassment by her husband over dowry, she was found dead from severe burns in suspicious circumstances soon after a heated demand. Under this provision the death is treated as dowry death and the husband (or his relative) is presumed to have caused it; conviction attracts at least seven years’ imprisonment and may extend to life.
Bare Act
Enacted text(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.
BNSS Classification
- Imprisonment for not less than 7 years but which may extend to imprisonment for life.
- Cognizable
- Non-bailable
- Triable by Court of Session
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