Section 80 opens a new sub-topic within Chapter V, "Of Offences Relating to Marriage," and defines dowry death: where a woman dies from burns, bodily injury, or otherwise than under normal circumstances within seven years of her marriage, and she was subjected to cruelty or harassment for or in connection with a dowry demand soon before her death, her husband or his relative is deemed to have caused her death. The punishment is imprisonment for a term of not less than seven years but which may extend to imprisonment for life.
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 80 to old IPC Section 304B, and cross-checked directly against the bare text of both Acts. Old IPC Section 304B stands intact under its own number in the Indian Penal Code, allowing a full direct comparison.
| BNS 80 | IPC, 1860 equivalent | Category |
|---|---|---|
| 80 | 304B (Dowry death) | Exact |
Comparing the two texts word for word, both sub-sections are reproduced without substantive change: the definition of dowry death in sub-section (1), the Explanation tying "dowry" to the Dowry Prohibition Act, 1961, and the punishment in sub-section (2) — imprisonment for a term of not less than seven years but which may extend to imprisonment for life — all match the old provision exactly. The only textual difference is that BNS 80's Explanation omits the old provision's parenthetical citation "(28 of 1961)" after naming the Dowry Prohibition Act, 1961, a purely stylistic omission with no substantive effect.
(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.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Sub-section (1) defines dowry death through a specific combination of elements, all of which must be present: the woman's death was caused by burns, bodily injury, or occurred otherwise than under normal circumstances; the death occurred 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 relative, for or in connection with a demand for dowry. Where all of these elements are shown, the husband or relative is deemed to have caused her death — a deeming provision: once the foundational facts are shown, the husband or relative is treated in law as having caused the death. The Explanation ties the meaning of "dowry" to Section 2 of the Dowry Prohibition Act, 1961, so this section does not define the term independently.
Sub-section (2) fixes the punishment for the offence defined in sub-section (1) at imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life — a mandatory minimum with no upper ceiling short of imprisonment for life.
These judgment(s) relate to Section 80 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.
The deceased died of burn injuries within a year of marriage, after repeated dowry demands (a colour television, a motorcycle, and Rs.15,000) from her husband and mother-in-law. The trial court convicted them; the High Court acquitted. The Supreme Court restored the conviction, reiterating the five-part test drawn from Pawan Kumar v. State of Haryana, (1998) 3 SCC 309, and clarifying — via Ashok Kumar v. State of Haryana, (2010) 12 SCC 350 — that "soon before her death" cannot be read narrowly or as requiring immediacy; it takes its meaning from a "reasonable time" nexus between the cruelty and the death, not a rigid clock. Once the prosecution shows dowry-related cruelty within that reasonable window, Section 304-B raises a presumption of causation against the accused, which is rebuttable but was not rebutted here. The Court went further and issued nationwide directions on dowry-prevention education, appointment and training of Dowry Prohibition Officers, and expedited disposal of pending Section 304-B/498-A cases, describing dowry as a "cross-cultural evil" found across communities.
Currency check: decided December 2025 — this is the most current Supreme Court authority located on this point at the time of writing; no overruling found in this review.
No. Once the elements of sub-section (1) are shown — death within seven years of marriage, in the stated circumstances, preceded by dowry-related cruelty or harassment — the husband or relative is deemed to have caused the death, rather than the prosecution needing to prove direct causation as in an ordinary homicide case.
Yes. The bare text requires that the death occur within seven years of the marriage for the definition in sub-section (1) to apply.
The Explanation to sub-section (1) states that "dowry" carries the same meaning given to it in Section 2 of the Dowry Prohibition Act, 1961, rather than being independently defined here.