Section 304B IPC: Dowry death

Indian Penal Code, 1860

Section 304B IPC at a Glance

Section 304B IPC deals with dowry death. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 80 BNS.

Punishment

Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 80 →

Section 304B IPC Bare Act Text

304B. Dowry death

(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.

Explanation

For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(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.

Source: Section 304B, Indian Penal Code, 1860

Section 304B IPC in Simple Words

Section 304B of the Indian Penal Code (IPC) defines and punishes dowry death. 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 is called dowry death, and such husband or relative is deemed to have caused her death.

The punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 304B IPC

  • The death of a woman was caused by burns or bodily injury or occurred otherwise than under normal circumstances
  • The death occurred within seven years of her marriage
  • Soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband
  • Such cruelty or harassment was for, or in connection with, any demand for dowry

Punishment Under Section 304B IPC

Imprisonment

Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Fine

The section prescribes no fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Committing dowry death carries imprisonment for not less than seven years, which may extend to imprisonment for life. It is cognizable and non-bailable, triable by the Court of Session.

Example of Section 304B IPC

In 2018, in Jodhpur, Kavita married Nikhil. Two years into the marriage, Nikhil and his elder sister Kamla repeatedly tormented Kavita and locked her in a room, demanding that her father pay five lakh rupees and gold bangles as dowry. Days after this harassment, Kavita died from poisoning otherwise than under normal circumstances, within seven years of her wedding. Because she suffered cruelty for dowry soon before her death, Nikhil and Kamla were deemed to have caused her dowry death. Nikhil and Kamla are punishable under Section 304B IPC.

When Section 304B IPC Does Not Apply

  • Section 304B IPC does not apply when the woman dies more than seven years after the date of her marriage.
  • Section 304B IPC does not apply if the woman dies of natural causes under normal circumstances without any burns or bodily injury.
  • Section 304B IPC does not apply where the woman was not subjected to cruelty or harassment by her husband or any of his relatives soon before her death.
  • Section 304B IPC does not apply when the cruelty or harassment inflicted on the woman was unrelated to any demand for dowry.

Section 304B IPC in the BNS

Section 304B IPC is now covered under Section 80 BNS.

Section 304B IPC is now Section 80 BNS. The title, the definition of dowry death, the seven-year period, the deeming provision, and the punishment of imprisonment for not less than seven years extending up to imprisonment for life are unchanged.

View detailed comparison (IPC 304B vs BNS 80) →

FAQs on Section 304B IPC

What does Section 304B IPC provide?▼

Where a woman dies of burns, bodily injury, or otherwise than under normal circumstances within seven years of marriage, and was subjected to cruelty or harassment for dowry soon before death, her husband or relative is deemed to have caused her death.

What is the punishment under Section 304B IPC?▼

A minimum term of seven years imprisonment, which may extend to imprisonment for life.

Does Section 304B IPC provide for a fine?▼

No. The section prescribes imprisonment only and does not provide for a fine.

What time limit applies under Section 304B IPC?▼

The death must occur within seven years of the marriage.

How is dowry defined for Section 304B IPC?▼

The Explanation gives dowry the same meaning as in Section 2 of the Dowry Prohibition Act, 1961.

Is an offence under Section 304B IPC cognizable and bailable?▼

It is cognizable and non-bailable under the First Schedule to the Code of Criminal Procedure.

Which court tries an offence under Section 304B IPC?▼

The Court of Session.

Can an offence under Section 304B IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 304B IPC in the Bharatiya Nyaya Sanhita?▼

In Section 80 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·