Clause 80: Dowry Death - Punishment and Bail Procedure

Updated on July 19, 2024 12:23:35 PM

Clause 80 of BNS defines the offences related to heinous crime of Dowry Death, which was previously mentioned under the Section 304B of the Indian Penal Code. This clause focuses on situations in which a woman kills away under suspicious circumstances within seven years of marriage and in which it may be demonstrated that her husband or in-laws tortured or harassed her in order to obtain a dowry. Dowry deaths, which reflect the intersection of gender discrimination, economic inequities, and patriarchal norms, are a striking reflection of the pervasive social issue of dowry-related violence against women.

However, until the accused is found not guilty, the claim of dowry death is just a claim. During trial, the accused can get bail with a promise to appear. In this article, we will go through the complete explanation of offence according to Clause 80 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.

Bail Provision clause 80 : Dowry Death
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Overview

Here, is an overview of Clause 80 of BNS given below:

Offence Dowry Death
Clause under BNS Clause 80
Bail Non-Bailable
Nature of Offence Cognizable
Penalties and Punishments Imprisonment for life 8 years, Fine or Both
Triable Any Magistrate

Defining Offence and Punishment under Clause 80

Clause 80 of BNS clearly defines that - “(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.

(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”

Bail Provision for the Offence under Clause 80

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.

“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.

Step 2: Application Filing

On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:

  • Accused Details ( ex - Name, Address & Occupation)
  • Nature of Offense
  • Date of Custody or Bail
  • Grounds of Bail
  • Sureties (if applicable) or Guarantees.

Step 3: Hearing on Bail Application

After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.

Step 4: Grant of Bail or Denied

At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling

If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.

How can “Litem Legalis” help you?

Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."

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Conclusion

Clause 80 of BNS addresses dowry deaths, seeking justice for victims and deterring further atrocities. Dowry-related violence is discouraged by the severity of the punishment prescribed. Prior to granting bail, courts meticulously assess the circumstances in order to ensure that justice is served and perpetrators are held accountable. To create a culture of equality and respect, society must denounce the practice of dowry. A just and equitable society must protect the rights and safety of individuals, especially women.

Frequently Asked Questions (FAQs)

What is Bail?

Bail is the temporary release of an accused individual from custody, which usually requires the payment of a fixed amount of fee. It secures their presence at the trial while maintaining their innocence.

What is the Bharatiya Nyaya Sanhita Act ?

Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.

Which offences are not applicable for bail?

Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.

What is the Anticipatory Bail?

Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.

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