DOWRY DEATH AS DEFINED IN THE BHARATIYA NYAYA SANHITA, 2023: AN ANALYSIS OF THE LEGAL FRAMEWORK  

AUTHOR – DR.CHITRA SINGH, ASSISTANT PROFESSOR AT IFTM UNIVERSITY, MORADABAD.

BEST CITATION – DR.CHITRA SINGH, DOWRY DEATH AS DEFINED IN THE BHARATIYA NYAYA SANHITA, 2023: AN ANALYSIS OF THE LEGAL FRAMEWORK, INTERNATIONAL JOURNAL OF CRIMINAL JURISPRUDENCE (IJCJ), 2 (1) OF 2024, PG. 07-12, APIS – 3920 – 0012 & ISSN – 2583-7990

Abstract

This research paper critically examines the proposed repositioning of the “dowry death” provision within the Bhartiya Nyaya Sanhita, a new legal code under consideration, which entails moving it from “Offences Affecting Life” to “Offences Related to Marriage.” The study delves into the potential ramifications of perceptions of crime severity, legal interpretation, and societal values through a meticulous comparative analysis of these placements. It argues for the justifiability of retaining “dowry death” under the sub-chapter “Of Offences Affecting Life,” contending that such categorisation accentuates the gravity of the crime, aligning with international standards on violence against women.In this context, the research explores the broader implications of the proposed reclassification, public discourse, and the fight against gender-based violence. It considers how such a shift might influence the legal community, including practitioners, judges, and law enforcement officials, as they interpret and enforce the provision. The study underscores the need for a balanced approach that weighs legal principles, societal perspectives, and the overarching objectives of the legal code. It concludes by emphasising the importance of thoughtful consideration in placing such provisions, as they carry implications beyond mere categorisation.