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Noida Case Not To Fall Under Dowry Death Law? The 7-Year Clause Explained

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Analysts say legal action may still be taken against Nikki’s husband and in-laws. If harassment or dowry-related cruelty is proven, Section 85 of BNS could apply

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In Nikki’s case, applying Section 80 directly could be challenging, given that her marriage had lasted more than seven years. (News18 Hindi)

In Nikki’s case, applying Section 80 directly could be challenging, given that her marriage had lasted more than seven years. (News18 Hindi)

The death of Nikki has sparked widespread debate over whether her husband and in-laws could face charges of dowry death. Legal experts note that under Section 80 of the Bharatiya Nyaya Sanhita (BNS), dowry death applies when a woman dies due to harassment or cruelty over dowry within seven years of marriage. Nikki’s case, however, is complex, as she had been married for more than nine years, raising questions about the applicability of the law.

Section 80 Of BNS: Dowry Death

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According to legal experts, Section 80 of the Bharatiya Nyaya Sanhita (BNS) specifically addresses deaths under abnormal circumstances, such as burns or injuries, within seven years of marriage, provided there is evidence of harassment or cruelty related to dowry demands.

Legal commentators added that the punishment for this crime ranges from a minimum of seven years to life imprisonment, along with a fine. They noted that in Nikki’s case, applying Section 80 directly could be challenging, given that her marriage had lasted more than seven years.

Possible Legal Action

According to analysts, legal action might still be pursued against Nikki’s husband and in-laws. They noted that if the investigation finds evidence of continuous harassment related to dowry demands or domestic violence, Section 85 (cruelty/torture) of the BNS could potentially be applied. Legal experts added that if evidence indicates Nikki committed suicide due to such harassment, IPC 306 (abetment to suicide) could also be invoked.

Cause Of Nikki’s Death

The investigation into the suspected dowry-related death of Nikki Bhati has taken a new turn after police recovered a flammable substance from her room and obtained fresh video footage, prompting a review of the events of August 21.

A police officer, quoted by PTI, confirmed that the recovered substance has been sent for forensic examination. Authorities are also examining multiple short video clips circulating in the public domain related to the incident.

These developments appear to challenge earlier claims that Nikki, 26, was set on fire by her husband, Vipin Bhati, and his family using a flammable liquid.

Police plan to re-record the statement of Nikki’s sister, Kanchan, who had filmed the alleged incident, filed the FIR, and claimed to have tried to intervene. Kanchan is married to Nikki’s brother-in-law, Rohit Bhati.

Vipin Bhati, along with Rohit, and Nikki’s in-laws, Satyavir and Daya Bhati, have been arrested in connection with the alleged dowry murder in Greater Noida. Authorities said Vipin was shot in the leg on August 24 while allegedly attempting to escape police custody.

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