Dowry Law: BNS Sections 80, 85, 86 and BSA Section 118

The criminal-law provisions formerly found in Sections 304B and 498A of the Indian Penal Code, 1860 and Section 113B of the Indian Evidence Act, 1872 now have corresponding provisions in the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023.

Current-law note: The Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The older IPC and Evidence Act provisions remain important for proceedings governed by the earlier law and for understanding the statutory history.

Key provisions at a glance

Subject	Current provision	Earlier provision
Dowry death	BNS Section 80	IPC Section 304B
Cruelty by husband or relative	BNS Sections 85 and 86	IPC Section 498A
Presumption as to dowry death	BSA Section 118	Evidence Act Section 113B

Meaning of dowry under the Dowry Prohibition Act, 1961

Section 2 of the Dowry Prohibition Act, 1961 defines "dowry", in substance, as 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 specified persons to either party or any other person, at or before or any time after the marriage, where it is in connection with the marriage. The statutory definition excludes dower or mahr in cases governed by Muslim Personal Law.

This definition is directly relevant because BNS Section 80 expressly adopts the meaning of "dowry" in Section 2 of the Dowry Prohibition Act, 1961.

BNS Section 80: Dowry death

Section 80 of the Bharatiya Nyaya Sanhita, 2023 deals with dowry death. The provision applies where a woman's death is caused by burns or bodily injury, or occurs otherwise than under normal circumstances, within seven years of marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or a relative of her husband for, or in connection with, a demand for dowry.

Where those statutory ingredients are established, the death is described as a "dowry death" and the husband or relative is deemed to have caused it. The punishment is imprisonment for not less than seven years, which may extend to imprisonment for life.

Earlier IPC Section 304B

IPC Section 304B contained the corresponding offence of dowry death. Its essential structure - abnormal death within seven years of marriage, cruelty or harassment soon before death, and a connection with a dowry demand - is carried forward in BNS Section 80.

BNS Sections 85 and 86: Cruelty by husband or relative

Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes a husband or relative of a husband who subjects a woman to cruelty. The punishment may extend to three years and fine.

Section 86 defines "cruelty" for Section 85. It covers wilful conduct of a nature likely to drive a woman to commit suicide or cause grave injury or danger to her life, limb or health, whether mental or physical. It also covers harassment intended to coerce her or a person related to her to meet an unlawful demand for property or valuable security, or harassment because such a demand was not met.

Earlier IPC Section 498A

IPC Section 498A was the corresponding provision dealing with cruelty by a husband or his relative. The BNS places the offence and its definition in separate Sections 85 and 86.

BSA Section 118: Presumption as to dowry death

Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 provides a statutory presumption concerning dowry death. When the issue is whether a person committed the dowry death of a woman, and it is shown that soon before her death she was subjected by that person to cruelty or harassment for, or in connection with, a dowry demand, the Court shall presume that the person caused the dowry death.

For this provision, "dowry death" carries the meaning assigned in BNS Section 80.

Earlier Evidence Act Section 113B

Section 113B of the Indian Evidence Act, 1872 contained the corresponding mandatory presumption and referred to the meaning of dowry death in IPC Section 304B.

How these provisions work together

The Dowry Prohibition Act supplies the statutory meaning of dowry and separately prohibits specified dowry-related conduct. BNS Section 80 addresses a dowry-linked death in the circumstances prescribed by that section. BNS Sections 85 and 86 address cruelty by a husband or his relative. BSA Section 118 supplies the evidentiary presumption when its statutory conditions are proved.

Official legal sources

For the current text, amendments and commencement information, refer to the official Government sources:

Legal information should be read with the applicable commencement, repeal and savings provisions and the facts and date of the particular case.