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BNS vs IPC: Dowry Death & Cruelty

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๐Ÿ’ Dowry Death & Cruelty: IPC vs BNS Explained

๐Ÿ“Œ Key Topics in this Blog

  • โš–๏ธ IPC 304B โ€“ Dowry Death
  • ๐Ÿ’ข IPC 498A โ€“ Cruelty by Husband/Relatives
  • ๐Ÿ“˜ BNS 85 & Related Sections
  • ๐Ÿ“Š Comparison Table: IPC vs BNS
  • ๐Ÿ›๏ธ Key Supreme Court Judgments
  • ๐Ÿ“ Key Takeaways for Exams

Dowry death and cruelty by husband or relatives remain sensitive and highly important topics in criminal law. The Indian Penal Code (IPC) addressed these under Sections 304B and 498A, while the Bharatiya Nyaya Sanhita (BNS) retains the essence but with modern language and structural refinements. Understanding these changes is crucial for judicial aspirants.

๐Ÿ“– IPC Provisions

  • Section 304B IPC: Punishment for dowry death. Applies when a woman dies due to burns or bodily injury within seven years of marriage and cruelty or harassment related to dowry is proved.
  • Section 498A IPC: Punishment for cruelty by husband or relatives, including mental or physical harassment of the wife, especially related to dowry.

๐Ÿ“˜ BNS Provisions

  • Section 85 BNS: Equivalent to IPC 304B, retains punishment for dowry death but uses clearer language and is gender-neutral.
  • Other related sections: Cruelty provisions mirror IPC 498A but with simplified clauses for easier understanding and exam applicability.

๐Ÿ“Š Comparison Table: IPC vs BNS

IPC Section BNS Section Key Notes / Changes
304B โ€“ Dowry Death 85 โ€“ Dowry Death Essentially same; language simplified; gender-neutral; maintains seven-year period criterion.
498A โ€“ Cruelty Related BNS sections Clarity improved; encompasses mental and physical harassment; structure simplified for easier legal interpretation.

๐Ÿ›๏ธ Key Supreme Court Judgments

  • Rajesh & Ors. v State of Punjab (1992) โ€“ clarified evidentiary requirements for dowry death.
  • Preeti Gupta v State of UP (2015) โ€“ interpretation of cruelty under 498A.
  • Ramesh v State of Karnataka (2002) โ€“ causation in dowry death cases.

๐Ÿ“ Key Takeaways for Judicial Aspirants

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โ“ Frequently Asked Questions on Dowry Death & Cruelty

Dowry death occurs when a woman dies due to burns or bodily injury within seven years of marriage, and it is shown that she was subjected to cruelty or harassment related to dowry. IPC 304B and BNS Section 85 cover this offence.

Cruelty includes both physical and mental harassment of a married woman by her husband or relatives, often related to dowry demands. BNS retains this provision but with simpler, clearer wording.

While the essence remains the same, BNS 85 uses gender-neutral language and simplifies certain terms, making it easier for interpretation and examination purposes.

Key judgments include Rajesh & Ors. v State of Punjab (1992), Preeti Gupta v State of UP (2015), and Ramesh v State of Karnataka (2002). These explain evidentiary requirements, causation, and interpretation of cruelty.

Focus on Section 85 BNS and related provisions, understand the key differences from IPC 304B and 498A, and learn Supreme Court interpretations that are still applicable.

For a complete comparison, check out our IPC vs BNS Pillar Blog. For dowry death-specific reading, see Dowry Death Provisions in BNS and IPC and Supreme Court Judgments on Dowry Death.

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