Wait, you mean if a character failed his save against a surprise bodak appearance and died it wouldn't be fair?
Yes. That is what I mean.
I used a bodak once and the PCs killed it without even figuring out what it was. They even lost an animal companion (which was fortunate; I needed to get rid of it anyway for plot reasons). The save is too easy.
And that exemplifies the other half of why the Bodak is the worst designed monster possibly ever. Not only does it have the instant kill for looking at me ability...but it lacks really...anything at all else. Anything uniquely identifiable, anything fun or interesting, any combat ability whatsoever. A party that knows to walk in blindfolded would utterly curbstomp the Bodak, without fail. The ONLY thing it has at all is the broken insta death gaze. How is that not godawful monster design?
A bodak is a tool. If you want to subject the PCs to a suddenly and shockingly lethal monster, you can use it to get their attention.
You get their attention by arbitrarily killing off their characters? Well, statistically not all of them. Some will make the save, and some will be lucky enough to not be the first ones into the room. Still nice to know my character's about as expendable as a pack animal for the noble cause of "making some random monster really scary." Until it dies a few rounds later anyway cause it completely sucks once you know about its one trick. Oooh, scary!
If you don't want to kill a PC, don't put them against something that can kill them.
I love how using Bodaks or never letting a PC die are the only two options. (does ENWorld have an eyeroll emoticon?)
There are plenty of mosters besides the bodak, medusa, catoblepas, etc.
None of the others are quite as bad as the Bodak. Between the severity of the "condition" he imparts and how completely devoid of mechanics or flavor he is beyond that, no other creature is as poorly designed. Nymph's blinding is much less severe and much easier to cure. Medusa's petrification is easier to cure without negative after effects, either. Oh, and someone was talking about "building up" to the encounter with a Bodak with tell tale signs and using it as a narrative device to force the PCs to fight blind. Well, with a Medusa, you get to see statues or "disturbingly shaped piecies of rock that look like fingers and such," depending on if the medusa likes ot smash her victims or leave them as trophies.
What does a Bodak leave as a tell tale sign of his presence? More Bodaks, of course!
Frankly, the game needs more lethality, not less.
Maybe you think so. Most people consider 3E to be (too) loaded with Rocket Tag and insane levels of lethality already, more so than probably any other edition of the game.
All of which is an aside to...
I'd allow that, too. But it's definitely not RAW, or at least not clearly RAW. And I'd never use something like a Bodak to begin with anyway.