Offences relating to marriage: dowry death (s. 80), cruelty (ss. 85-86), bigamy (s. 82) and the other marriage offences (ss. 81, 83, 84, 87)
LUG-106 Substantial Law of Crimes-I (The Bharatiya Nyaya Sanhita, 2023 - I), Unit IV: Offences relating to marriage: dowry death (s. 80), bigamy (s. 82) and cruelty (ss. 85-86). · LLB · 60 min
Sections 80-87 BNS carry the IPC's offences relating to marriage (ss. 304B, 493-498A, 366) into Chapter V. The lecture takes the three the syllabus names: dowry death with its deeming clause and the presumption in s. 118 BSA (Pawan Kumar, Kans Raj, Shamnsaheb Multtani); cruelty by the husband or his relatives with its two limbs (Reema Aggarwal, the misuse debate and Arnesh Kumar); and bigamy with its strict proof of ceremonies (Kanwal Ram, Gopal Lal, Bhupinder Singh) and the conversion cases (Sarla Mudgal). The two 2025-26 problem questions are worked step by step, and the lecture closes with adultery after Joseph Shine and the challenges in prosecuting dowry death and bigamy.
Objectives
- Explain the ingredients of dowry death under s. 80 BNS, the meaning of "dowry" and "soon before her death", and the presumption in s. 118 BSA.
- Explain the two limbs of cruelty in s. 86 and the scope of s. 85, including a void marriage (Reema Aggarwal) and the safeguards against misuse (Arnesh Kumar).
- Explain the ingredients and exceptions of bigamy under s. 82 and why the second marriage must be strictly proved.
- Apply ss. 80, 85, 108 and 103 to a dowry-harassment death, and s. 82 to a second marriage during the life of a spouse, in exam form.
- Discuss the decriminalisation of adultery (Joseph Shine) and the challenges in prosecuting dowry death and bigamy.
Slides
- The marriage offences and the Dowry Prohibition Act, 1961
- Section 80: dowry death (s. 304B IPC): the text and the ingredients
- "Dowry", "soon before" and the presumption: Pawan Kumar, Kans Raj, Satbir Singh
- Shamnsaheb Multtani: the charge, and the neighbouring offences
- Cruelty: ss. 85-86 (s. 498A IPC)
- The misuse debate and the 2025-26 dowry problem worked
- Section 82: bigamy (ss. 494-495 IPC): text, ingredients, exceptions
- Proving the second marriage: Kanwal Ram, Gopal Lal, Bhupinder Singh
- Conversion is no escape: Sarla Mudgal, Lily Thomas; the 2025-26 bigamy problem worked
- Sections 81, 83, 84 and 87: the other marriage offences
- Adultery: s. 497 IPC, Joseph Shine, and the silence of the BNS
- Challenges in prosecuting dowry death and bigamy; how the examiner asks it
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