BNS Section 80 (304B IPC): dowry death

What BNS 80 covers

The section is made out when each of the elements below is present. They are set out in the order the Act states them.

1. 1

   The death of a woman, by burns or bodily injury, or otherwise than under normal circumstances

   The Sanhita’s words: a death caused by burns or bodily injury, or any death that occurs otherwise than under normal circumstances.

   and
2. 2

   Within seven years of her marriage

   A condition of the definition, not a factor to be weighed. A death after seven years may be another offence, but not this one.

   and
3. 3

   Soon before her death, she was subjected to cruelty or harassment

   The Act does not fix a number of days. Whether the cruelty or harassment came “soon before” is decided on the evidence.

   and
4. 4

   By her husband or any relative of her husband

   The section deems that husband or relative to have caused her death (s. 80(1)).

   and
5. 5

   For, or in connection with, any demand for dowry

   “Dowry” has the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (s. 80, Explanation).

Read from section 80(1). Section 80(2) prescribes the punishment. Section 118 of the Bharatiya Sakshya Adhiniyam raises a presumption once the cruelty or harassment soon before death is shown — set out further down this page.

What happens, and how long each part takes

1. The family informs the policeas soon as possible

   At any police station, orally, in writing or electronically. The informant gets a free copy of what is recorded (BNSS s. 173(1), (2)).

2. Ask for the body to be examinedas soon as possible after the death

   Any relative of the woman may request it where she died within seven years of marriage (s. 194(3)(iii)).

3. From here the police, the Magistrate and the court set the pace

   The family’s part does not end: you are entitled to be told about the inquiry and to attend it, to a progress update on the investigation, and with an advocate to the police report. You cannot set the timetable.

   Inquest reportwithin 24 hours

   The police inform the Executive Magistrate and send their report on the apparent cause of death to the District or Sub-divisional Magistrate (s. 194(1), (2)).

4. Magistrate’s inquiryalongside the investigation

   Mandatory in the suicide and reasonable-suspicion cases. Relatives are informed where practicable and may be present (s. 196(1), (5)).

5. Investigationno fixed limit; a progress update within 90 days

   The police must tell the informant how it is progressing within ninety days (s. 193(3)(ii)).

6. Trial in a Court of Sessiontypically years

   A Magistrate cannot try dowry death. A family represented by an advocate gets the police report and statements free (s. 230).

The time limits are the BNSS’s own. No provision fixes how long a dowry death trial takes; the NCRB figures below show how many were still pending at the end of 2024.