DOWRY DEATH & OFFENCES RELATED TO MARRIAGE

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The Bharatiya Nyay Sanhita (BNS) Sections 80 to 87 deal with a range of offenses related to marriage, from deceitful acts that lead to unlawful cohabitation to severe issues like cruelty and bigamy. These provisions seek to protect the dignity and rights of individuals within the marital framework, particularly addressing offenses committed against women. This article explores these sections in detail and includes the respective punishments for each offense.

Section 80: Dowry Death

Section 80 addresses dowry death, a tragic issue in India. If the death of a woman is caused by burns, bodily injury, or occurs under unnatural circumstances within seven years of her marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives over demands for dowry, the death is classified as dowry death.

Key Elements:

1. Death within 7 Years of Marriage: The death must occur within seven years of marriage.
2. Unnatural Circumstances: The death must be unnatural (e.g., burns, injuries).
3. Harassment for Dowry: There must be evidence of cruelty or harassment connected to dowry demands.

Punishment:

The punishment for dowry death under Section 80 is imprisonment of not less than seven years, which may extend to imprisonment for life.

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Section 81: Cohabitation Caused by a Man Deceitfully Inducing Belief of Lawful Marriage

Section 81 targets cases where a man deceitfully convinces a woman that they are lawfully married, resulting in cohabitation. This provision is designed to protect women who are misled into living with someone under the false assumption of being married.

Key Elements:

1. Deception: The man induces a false belief of lawful marriage.
2. Cohabitation: The deception results in the woman living with the man.

Punishment:

The punishment under Section 81 is imprisonment of 10 years and a fine.

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Section 82: Marrying Again During the Lifetime of a Spouse (Bigamy)

Section 82 criminalizes bigamy, where a person marries again during the lifetime of their spouse without obtaining a legal dissolution of the first marriage. This offense does not apply to individuals whose personal laws permit multiple marriages (such as under Muslim personal law).

Key Elements:

1. Existing Marriage: A valid first marriage must exist.
2. Second Marriage: The person marries again without ending the first marriage legally.

Punishment:

The punishment under Section 82 is imprisonment of 10 years and a fine.

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Section 83: Fraudulently Going Through a Marriage Ceremony Without Lawful Marriage

Section 83 criminalizes fraudulent marriage ceremonies where one party knowingly undergoes a ceremony of marriage without intending to form a lawful marriage. This applies when the marriage itself is not valid, but one party deceitfully proceeds with the ceremony.

Key Elements:

1. Fraudulent Ceremony: A marriage ceremony is conducted deceitfully.
2. No Lawful Marriage: There is no intent or possibility of forming a lawful marriage.

Punishment:

The punishment under Section 83 is imprisonment of up to 7 years and a fine.

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Section 84: Enticing, Taking Away, or Detaining a Married Woman With Criminal Intent

Section 84 protects married women from being enticed or detained with malicious intent. It is aimed at individuals who lure or detain married women away from their husbands, intending to exploit or harm them.

Key Elements:

1. Enticing or Taking Away: The accused must entice or take away a married woman.
2. Criminal Intent: The purpose is criminal, such as exploitation or harm.
3. Detention: The woman is unlawfully detained or prevented from returning to her husband.

Punishment:

The punishment under Section 84 is imprisonment for 2 years and/or a fine.

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Section 85: Cruelty by Husband or Relatives of Husband

Section 85 deals with cruelty inflicted on a woman by her husband or his relatives. Cruelty includes both physical and mental abuse, often in relation to dowry demands or unreasonable pressures within the marital relationship.

Key Elements:

1. Physical or Mental Cruelty: Cruelty includes acts that cause physical harm or mental anguish.
2. By Husband or His Relatives: The offense must be committed by the husband or his family members.
3. Connection to Dowry: Although not always required, many cases of cruelty involve dowry harassment.

Punishment:

The punishment under Section 85 is imprisonment for 3 years and a fine.

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Section 86: Definition of Cruelty

Section 86 provides a clear definition of cruelty (for the purpose of section 85) as it applies to offenses under Section 85. Cruelty is defined as conduct that is likely to drive a woman to suicide or cause grave injury or harm to her life, health, or limb. Harassment in connection with dowry demands is also considered cruelty.

Key Elements:

1. Driving to Suicide: Acts that drive a woman to contemplate or attempt suicide.
2. Grave Injury or Danger: Conduct that endangers a woman’s physical or mental well-being.
3. Dowry-Related Harassment: Persistent demands for dowry leading to harassment.

Punishment:

Cruelty, as defined under Section 86, follows the punishment set out in Section 85 (3 years imprisonment and a fine).

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Section 87: Kidnapping, Abduction, or Inducing a Woman to Compel Her Marriage, Etc.

Section 87 addresses the crime of kidnapping, abducting, or inducing a woman to force her into marriage or illicit sexual relations. This section protects women from being coerced into marriage or sexual exploitation against their will.

Key Elements:

1. Kidnapping or Abduction: The accused kidnaps or abducts the woman.
2. Compulsion to Marry: The intention behind the abduction is to compel the woman into marriage.
3. Sexual Exploitation: Alternatively, the intention could be to force the woman into illicit sexual relations.

Punishment:

The punishment under Section 87 is imprisonment for 10 years and a fine.

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Conclusion

Sections 80 to 87 of the Bharatiya Nyay Sanhita provide a comprehensive legal framework for addressing offenses related to marriage. These sections are designed to safeguard the rights of individuals, particularly women, by criminalizing various forms of exploitation, cruelty, and deceit within marital relationships. The provisions seek to protect vulnerable individuals from fraudulent marriages, dowry-related violence, bigamy, and coercion, thus ensuring that marriage is respected as a lawful and dignified institution in society. The corresponding punishments ensure that perpetrators of these offenses are held accountable, thereby contributing to the prevention of such social evils.

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