Offences Relating to Marriage Under BNS | Types and Provisions

Introduction to Offences Relating to Marriage

Legal provisions addressing offences relating to marriage are essential for protecting the rights and dignity of individuals, particularly women. Specific laws target grave issues such as dowry deaths, deceitful marriages, and cruelty by a husband or his relatives. One significant provision targets dowry deaths, ensuring severe penalties for those responsible for a woman's death under abnormal circumstances within seven years of marriage if she had been subjected to cruelty or harassment over dowry demands. Another important law penalizes deceitful marriages, where a man deceives a woman into believing she is lawfully married to him, leading her to cohabit or engage in sexual relations under this false belief. Additionally, there are laws addressing cruelty by a husband or his relatives, defining cruelty as acts likely to drive a woman to suicide, cause serious injury, or involve harassment over unlawful demands for property. These legal provisions demonstrate a strong commitment to safeguarding women from abuse and exploitation within marriage, reinforcing their rights and ensuring their safety.

Offences relating to Marriage

Section 80 : Dowry death

1. Definition of Dowry Death:

If a woman dies due to burns or injuries, or under unusual circumstances within seven years of her marriage, and it can be shown that she was subjected to cruelty or harassment by her husband or his relatives regarding dowry demands, this death is considered a "dowry death."

Key Points:

• • The death must occur within seven years of marriage.
  • There must be evidence that she faced cruelty or harassment related to dowry demands shortly before her death.
  • The term "cruelty or harassment" implies mistreatment or pressure by the husband or his relatives.

2. Punishment for Dowry Death:

The person’s responsible for the dowry death (usually the husband or his relatives) will be punished.

• Possible Punishments:

  • Minimum Term: Imprisonment for at least seven years.
  • Maximum Term: Imprisonment for life.

Bachni Devi v. State of Haryana through Secretary of Home Department (2011)

The Hon’ble Supreme Court held that the term ‘dowry’ is construed comprehensively to include any property, in any form whatsoever, that is connected with the marriage directly or indirectly. The demand for any property directly or indirectly connected with the marriage, shall amount to the demand for dowry. If the cause of the death of the wife is in proximity to such a demand, it shall constitute a dowry death

Rajinder Singh vs State of Punjab, 2015

The court has explained the term “soon before death”. The court, in this case, observed that time delays might vary in cases. But what is necessary is that the demand for the dowry should be continuing cause for the death of the married woman.  

Section 81: Cohabitation caused by man deceitfully inducing belief of lawful marriage

If a man tricks a woman into believing that they are legally married, and she lives with him or has sex with him believing they are married, he can be punished. The punishment can be up to ten years in prison and he might also have to pay a fine. This law is aimed at preventing deceitful behavior where someone falsely pretends to be married in order to engage in a relationship or sexual activity.

Section 85: Husband or relative of husband of a woman subjecting her to cruelty

If a man deceives a woman into believing that they are legally married, even though they are not, and she lives with him or engages in sexual relations with him based on this false belief, the man can face serious legal consequences. The law stipulates that such deceitful behaviour can lead to imprisonment for up to ten years. Additionally, the man may be required to pay a fine. This legal provision aims to protect individuals, especially women, from being misled and exploited through false claims of marriage, and serves as a deterrent against such fraudulent conduct.

Conclusion

Legal provisions addressing offences relating to marriage are essential in protecting the rights and dignity of individuals, especially women. These laws aim to combat grave issues such as dowry deaths, deceitful marriages, and cruelty by a husband or his relatives. By targeting dowry deaths, the law ensures severe penalties for those responsible for a woman's death under abnormal circumstances, particularly when linked to cruelty or harassment over dowry demands. Deceitful marriages are addressed by penalizing men who deceive women into believing they are lawfully married, leading to cohabitation or sexual relations under false pretenses. Additionally, laws addressing cruelty within marriage protect women from acts likely to drive them to suicide, cause serious injury, or involve harassment over unlawful demands for property. These legal measures reflect a strong commitment to safeguarding women from abuse and exploitation within marriage, reinforcing their rights, and ensuring their safety. By holding perpetrators accountable, these laws play a crucial role in promoting justice and protecting the well-being of women in marital relationships.