Dowry Protection Lawyer in Delhi

Section 85 Dowry Protection Provisions Under BNS, BNSS, CrPC, and CPC

The new Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 have replaced the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) respectively. The provisions related to dowry protection have been carried forward with some updates. Below is a breakdown of relevant legal provisions:

1. Dowry Prohibition Under Bharatiya Nyaya Sanhita (BNS), 2023

(A) Section 85 BNS – Dowry Harassment (Formerly Section 498A IPC)

Protects women from cruelty by husband or relatives due to dowry demands.
Covers mental and physical harassment that may drive a woman to suicide.
Punishment: Up to 3 years imprisonment + fine.

(B) Section 105 BNS – Dowry Death (Formerly Section 304B IPC)

If a woman dies due to unnatural circumstances within 7 years of marriage and had suffered dowry-related cruelty.
Burden of proof is on the accused (husband/in-laws).
Punishment: Minimum 7 years to life imprisonment.

(C) Section 36 BNS – Abetment of Suicide (Formerly Section 306 IPC)

If continuous dowry harassment leads a woman to suicide, in-laws and husband may be charged under this section.
Punishment: Up to 10 years imprisonment + fine.

2. Dowry Prohibition Act, 1961 (Still Applicable)

Section 3: Punishment for giving/taking dowry (5 years imprisonment + fine).
Section 4: Punishment for demanding dowry (6 months to 5 years imprisonment + fine).
Section 8A: Burden of proof on the accused.

3. Dowry Protection Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Formerly CrPC)

(A) Section 237 BNSS – Registration of FIR (Formerly Section 154 CrPC)

A woman or her family can file an FIR for dowry harassment at any police station.
Police must investigate before making arrests (as per Arnesh Kumar v. State of Bihar (2014)).

(B) Section 193 BNSS – Anticipatory Bail (Formerly Section 438 CrPC)

The accused can apply for anticipatory bail in dowry cases.
Courts may reject bail if there is strong evidence of dowry harassment or death.

(C) Section 357 BNSS – Compensation for Victims

Courts can grant monetary compensation to women who suffer from dowry-related cruelty.

4. Dowry Protection Under Civil Procedure Code (CPC)

Though CPC mainly governs civil disputes, certain provisions help in dowry-related cases:

Protection of Women’s Property:
- If dowry is taken illegally, the woman can file a suit for recovery of property.
Injunction Orders:
- A woman facing threats from her in-laws can seek a restraining order (temporary injunction under CPC).

5. Key Supreme Court Judgments on Dowry Protection

(i) Arnesh Kumar v. State of Bihar (2014)

No automatic arrests in dowry harassment cases (498A/85 BNS).
Police must conduct a proper investigation before arresting the husband or in-laws.

(ii) Rajesh Sharma v. State of UP (2017)

Prevents misuse of dowry laws by setting guidelines for false cases.
No arrest without Family Welfare Committee’s (FWC) review.

(iii) Kaliyaperumal v. State of Tamil Nadu (2003)

Clarifies the difference between cruelty and dowry death.
For dowry death (105 BNS/304B IPC), there must be direct evidence of dowry harassment before death.

6. How to File a Dowry Case Under BNS & BNSS

Step 1: File an FIR

File an FIR at the nearest police station under Section 85 BNS (Dowry Harassment) or Section 105 BNS (Dowry Death).

Step 2: Police Investigation

Police record statements, collect evidence (medical reports, messages, bank transactions).
If needed, the accused can apply for anticipatory bail (193 BNSS).

Step 3: Court Trial

The trial is held in a Sessions Court for dowry death or Magistrate Court for dowry harassment.

Step 4: Judgment & Punishment

If convicted, the accused may face 3 years to life imprisonment, depending on the offense.

7. Legal Defenses Against False Dowry Cases

Apply for anticipatory bail (193 BNSS).
Challenge false FIR under Section 482 BNSS (Quashing of FIR by High Court).
File a counter case for defamation (BNS equivalent of Section 499 IPC).

8. Conclusion

The new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) continue to protect women from dowry harassment and deaths, while ensuring safeguards against false cases. Proper legal guidance is essential for both victims and accused persons.

Would you like a step-by-step guide on filing a case or more details on Supreme Court rulings? 🚀

FAQs on Dowry Protection Under BNS, BNSS, CrPC, and CPC

1. What is the punishment for dowry harassment under BNS?

Under Section 85 of BNS (formerly Section 498A IPC):

Up to 3 years of imprisonment + fine.

2. What is the punishment for dowry death under BNS?

Under Section 105 of BNS (formerly Section 304B IPC):

Minimum 7 years to life imprisonment if a woman dies due to dowry harassment within 7 years of marriage.

3. Is dowry giving also a crime under BNS?

Yes. As per the Dowry Prohibition Act, 1961 (Still applicable):

Giving, taking, or demanding dowry is illegal.
Punishment: 5 years of imprisonment + fine.

4. Can the police arrest the husband or in-laws immediately in a dowry case?

No, as per Arnesh Kumar v. State of Bihar (2014).
Police must investigate first and issue a notice under Section 41A CrPC before making an arrest.

5. How can a woman file a dowry case?

File an FIR at the nearest police station under Section 85 BNS (Harassment) or Section 105 BNS (Dowry Death).
Submit evidence (messages, medical reports, witness statements).

6. Can a husband get anticipatory bail in a dowry case?

Yes, under Section 193 BNSS (formerly Section 438 CrPC).
Courts may deny bail if there is strong evidence of dowry harassment or death.

7. What legal action can be taken if a dowry case is false?

Apply for anticipatory bail.
File a petition to quash the FIR under Section 482 BNSS (formerly CrPC 482).
File a defamation case under relevant BNS sections.
Sue for false evidence (Perjury).

8. How does the court decide a dowry death case?

If a woman dies in unnatural circumstances within 7 years of marriage and there is evidence of dowry harassment, the burden of proof is on the accused.

9. Can a dowry case be settled outside the court?

No, cases under Section 85 & 105 BNS are non-compoundable, meaning they cannot be withdrawn through settlement.
Only the High Court can quash the case if both parties agree.

10. How long does a dowry case take in court?

Police investigation: 3-6 months.
Trial duration: 1-5 years, depending on evidence and court workload.

11. Can the woman claim maintenance while the dowry case is ongoing?

Yes, she can file for maintenance under Section 125 CrPC (now BNSS Section) or under the Domestic Violence Act, 2005.

12. What are key Supreme Court rulings on dowry cases?

Arnesh Kumar v. State of Bihar (2014) – No automatic arrests.
Rajesh Sharma v. State of UP (2017) – Prevents misuse of dowry laws.
Kaliyaperumal v. State of Tamil Nadu (2003) – Defines dowry death criteria.

13. Can a wife file a civil case for dowry recovery?

Yes, under CPC provisions, she can sue for recovery of dowry items as they legally belong to her.

14. What compensation can a woman get in a dowry case?

Under Section 357 BNSS, courts can award compensation to the victim.

15. What should an accused person do if falsely charged?

Collect evidence (messages, CCTV, financial transactions).
Apply for anticipatory bail.
Seek legal representation immediately.

Conclusion

The new laws under BNS and BNSS protect women from dowry-related crimes while also preventing false cases. If facing dowry harassment or a false case, seeking legal help immediately is crucial.

Would you like assistance with a specific case or legal procedures? 🚀