Dowry Deaths in India: BNS Law, Causes & Urgent Reforms -

Introduction

Despite decades of activism, legislation, and awareness campaigns, India continues to grapple with the heinous crime of dowry deaths. According to the National Crime Records Bureau (NCRB), over 7,000 women were killed annually between 2017 and 2022 due to dowry-related harassment. The Bharatiya Nyaya Sanhita, 2023 (BNS) India’s newly implemented criminal code has retained and sharpened specific provisions to address dowry deaths. Yet, law alone is not enough; a coordinated societal, legal, and administrative push is needed to dismantle this deeply rooted evil.

What Constitutes a Dowry Death under BNS?

Section 80 – Dowry Death

This section criminalizes the death of a woman caused under suspicious circumstances within seven years of marriage, where it can be shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry demands.

Key Ingredients:
- Death must be due to burns, injury, or occur under abnormal/suspicious conditions.
- Death must occur within 7 years of marriage.
- Woman must have faced cruelty or harassment “soon before” the death.
- The cruelty/harassment must be linked to a dowry demand.
Punishment: Minimum imprisonment of 7 years, which may extend to life imprisonment.

Section 86 – Cruelty by Husband or His Relatives

This provision corresponds to harassment or abuse for dowry. It criminalizes:

Any willful conduct by the husband or his relatives that is likely to drive a woman to suicide or cause serious harm.
Harassment to coerce the woman or her relatives to meet dowry demands.
Punishment: Up to 3 years imprisonment and fine.

These two sections of the BNS Sections 80 and 86 form the core of India’s legal response to dowry-linked abuse and deaths.

Complementary Laws: Dowry Prohibition Act, 1961

While BNS handles criminal punishment, the Dowry Prohibition Act, 1961 governs the prevention of dowry transactions.

Section 3: Punishes giving or taking dowry.
Section 4: Punishes demand for dowry, whether before, during, or after marriage.
Punishment: Minimum of 6 months to 5 years imprisonment and fine.

Despite the legal clarity, implementation remains poor and dowry continues to be masked as “gifts” or “cultural expectations.”

Why the Dowry Problem Persists

1. Deep Cultural Acceptance

Dowry is seen as a customary practice rather than a criminal one, particularly in rural and semi-urban India. Surveys show that up to 95% of rural marriages involve some form of dowry.

2. Economic Aspiration and Social Pressure

With rising consumerism, weddings are seen as transactions. Social media glamorization and peer pressure often push families into excessive expenditures and dowry negotiations.

3. Poor Enforcement of BNS Provisions

Even with clear laws:

FIRs are often delayed or discouraged by police.
Investigations are not prompt or thorough.
Courts take years to decide, and conviction rates remain below 5% in dowry death cases.

4. Underreporting and Victim Silence

Due to stigma, family pressure, and fear of retaliation, many victims or their families do not report harassment or withdraw complaints mid-way.

Judicial Support to BNS Provisions

Recent judgments continue to stress strict application of dowry laws:

In Rajbir v. State of Haryana (2010), courts directed that Section 86 (Cruelty) and Section 80 (Dowry Death) of BNS must be read together in such cases.
In earlier interpretations, courts have emphasized the meaning of “soon before her death,” giving flexibility to establish a pattern of dowry-linked cruelty.

Post-BNS, these principles are being applied under new section numbers but with stronger focus on evidence and intent.

Regional Concentration of Cases

According to NCRB, over 80% of dowry death cases are reported from eight states:
Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, Odisha, West Bengal, Jharkhand, and Haryana. These states also report high levels of child marriage, low female literacy, and patriarchal traditions.

What Needs to Be Done

1. Effective Enforcement of BNS Provisions

Fast FIR registration for Section 80 and 86 offences.
Mandatory forensic investigation in unnatural deaths within 7 years of marriage.
Set up dedicated dowry prevention and investigation units in police departments.

2. Judicial and Administrative Reforms

Establish fast-track courts for dowry and domestic violence cases.
Set strict 120-day limits for trial completion in dowry death cases.

3. Empowering Women Through Welfare Schemes

Promote financial literacy and entrepreneurship under schemes like Mudra Yojana and Stand-Up India.
Strengthen Beti Bachao Beti Padhao, Sukanya Samriddhi, and Mahila Shakti Kendras.

4. Social Norm Change Campaigns

Launch mass media campaigns using celebrities and influencers.
Involve local panchayats, religious leaders, and school curricula to promote dowry-free marriages.

5. Survivor Support and Rehabilitation

More crisis centers and safe homes with legal and psychological help.
Skill development and job placement support for victims of abuse and widows of dowry deaths.

Conclusion

Dowry deaths are not mere criminal offences they are reflections of a systemic failure to value women as equal human beings. The Bharatiya Nyaya Sanhita, 2023 rightly enshrines tougher provisions like Sections 80 (dowry death) and 86 (cruelty by husband/relatives), but legislation alone will not bring change. It must be backed by committed law enforcement, quick judicial action, and deep-rooted societal reform. The goal is not just fewer dowry deaths but a society where dowry itself becomes a thing of the past.

Sources:

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