IEA 113B→BSA 118

IEA 113B to BSA 118: Presumption as to dowry death

Section 113B IEA (1872) replaced by Section 118 BSA (2023)

View IEA Section 113B →View BSA Section 118 →

IEA 113B to BSA 118 at a Glance

Section 113B IEA (Presumption as to dowry death) is now Section 118 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 113B to BSA 118?

Section 113B of the Indian Evidence Act, 1872 became Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The reference to the Indian Penal Code now points to the BNS.

IEA 113B vs BSA 118: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section113B118
HeadingPresumption as to dowry deathSame

IEA 113B and BSA 118: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 113B, IEA 1872

113B. Presumption as to dowry death.—-When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).
BSA 2023 (in force)

Section 118, BSA 2023

118. Presumption as to dowry death.—When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.

When It Applies: IEA 113B vs BSA 118

Under IEA 113B
  1. A court is deciding whether a person committed a dowry death.
  2. It is shown that soon before dying, the woman was subjected by that person to cruelty or harassment.
  3. The cruelty or harassment was for, or connected with, a demand for dowry.
  4. When those facts are shown, the court must presume that the person caused that dowry death, where dowry death has the meaning in Indian Penal Code Section 304B.
Under BSA 118
  1. A Court is deciding whether a person committed a dowry death.
  2. It is shown that soon before dying, the woman was subjected by that person to cruelty or harassment.
  3. The cruelty or harassment was for, or connected with, a demand for dowry.
  4. When those facts are shown, the Court must presume that the person caused that dowry death, where dowry death has the meaning in Section 80 in the Bharatiya Nyaya Sanhita, 2023.

What IEA 113B to BSA 118 Means in Practice

The same mandatory presumption as to dowry death applies without any substantive change. A person in court should cite Section 118 BSA for matters governed by the BSA, and the cross-reference for the meaning of dowry death points to Section 80 in the Bharatiya Nyaya Sanhita, 2023 instead of Indian Penal Code Section 304B.

FAQs: IEA 113B to BSA 118

What changed in the Explanation between Section 113B IEA and Section 118 BSA?▼

Only the statutory reference changed. Section 113B IEA linked the meaning of dowry death to Indian Penal Code Section 304B, whereas Section 118 BSA links it to Section 80 in the Bharatiya Nyaya Sanhita, 2023, with no substantive change to the presumption rule.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·