NRI marriages or divorces can lead to complex legal situations, with spouses caught between different legal regimes. When a marriage crosses borders, it also crosses the boundaries of a country’s legal system — a phenomenon often called “NRI marriages” — pulling disputes into the domain of private international law, which governs conflicts between the laws of different countries.
The Dowry Prohibition Act, 1961
Dowry has long been prohibited under the Dowry Prohibition Act, 1961, reinforced by Sections 304B and 498A of the IPC, 1860 — provisions that, since 1 July 2024, have been carried forward in updated form under the Bharatiya Nyaya Sanhita (BNS), 2023.
- Section 2 — defines dowry as any property or valuable security given (directly or indirectly) by one party to a marriage to the other. This core definition is unchanged and is still the reference point for the newer criminal-law provisions.
- Section 3 — penalty for giving/taking dowry: minimum 5 years’ imprisonment and a fine of not less than ₹15,000 or the value of the dowry, whichever is more (courts may impose a lesser term for recorded, adequate reasons).
- Section 4 — penalty for demanding dowry: 6 months to 2 years’ imprisonment and a fine up to ₹10,000.
From IPC/CrPC/Evidence Act to BNS/BNSS/BSA
With effect from 1 July 2024, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replaced the IPC, CrPC, and Evidence Act. The dowry-related provisions carry forward with the same substance and punishment ranges, under new numbers:
- Dowry death (formerly Section 304B IPC) → Section 80, BNS. An unnatural death within seven years of marriage, preceded by dowry-related cruelty “soon before” death, carries a minimum of 7 years’ imprisonment, extendable to life.
- Cruelty by husband or relatives (formerly Section 498A IPC) → Sections 85 and 86, BNS (Section 85 creates the offence; Section 86 defines “cruelty”). Punishment: up to 3 years’ imprisonment plus fine.
- Abetment of suicide (formerly Section 306 IPC) → Section 108, BNS.
- The dowry-death evidentiary presumption (formerly Section 113B, Evidence Act) now sits within the corresponding BSA provision.
FIRs registered before 1 July 2024 continue under the old IPC/CrPC/Evidence Act sections; anything filed after is registered under BNS/BNSS/BSA. Courts continue to treat dowry-death and cruelty as distinct but overlapping offences — an accused can be charged, and where warranted convicted, under both.
The Supreme Court has cautioned against automatically implicating an entire extended family based on vague, generalised allegations, and has emphasised that specific, credible evidence linking each accused is necessary before proceedings continue. Liability under the cruelty provision is not limited to dowry demands — it extends to other harassment of a married woman — while distant or unconnected relatives should not be dragged into a case without substantial evidence.
Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 covers physical, verbal, emotional, economic and sexual abuse, and overlaps with anti-dowry law to the extent that dowry is one driver of domestic violence. It operates alongside the BNS/BNSS provisions above and is often invoked in parallel for civil remedies — protection orders, residence orders, and maintenance — in addition to any criminal case.