Section 117 BSA: Presumption as to abetment of suicide by a married woman
Bharatiya Sakshya Adhiniyam, 2023
Section 117 BSA at a Glance
Section 117 BSA deals with presumption as to abetment of suicide by a married woman. It replaced Section 113A IEA on 1 July 2024.
Section 117 BSA Bare Act Text
117. Presumption as to abetment of suicide by a married woman
When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
ExplanationFor the purposes of this section, “cruelty” shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.
Source: Section 117, Bharatiya Sakshya Adhiniyam, 2023
Section 117 BSA in Simple Words
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 applies when a married woman dies by suicide. It lets a Court presume (treat as true) that the husband or a relative of the husband abetted (encouraged or aided) the suicide.
This rule applies when the Court has to decide whether the husband or a relative abetted the suicide. To trigger the rule, it must be shown that the suicide happened within seven years of the marriage date. It must also be shown that the husband or that relative subjected the woman to cruelty.
Under Section 117 BSA, cruelty carries the meaning given in Section 86 in the Bharatiya Nyaya Sanhita, 2023. The Adhiniyam states that the Court may presume abetment, so the presumption is not mandatory. The Court decides after looking at all the other facts of the case.
When Section 117 BSA Applies
- A Court is deciding whether the husband of a married woman, or a relative of the husband, abetted the suicide of the woman.
- It is shown that the woman died by suicide within seven years from the date of the marriage.
- It is shown that the husband or that relative of the husband had subjected the woman to cruelty, as defined in Section 86 in the Bharatiya Nyaya Sanhita, 2023.
- If those facts are shown, the Court may presume abetment by the husband or that relative after looking at all the other facts of the case.
Example of Section 117 BSA
Section 117 BSA in the IEA (Previous Law)
Section 117 BSA replaces Section 113A IEA from the old criminal code.
Section 113A of the Indian Evidence Act, 1872 became Section 117 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.
FAQs on Section 117 BSA
What is Section 117 BSA?▼
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 is a provision that lets a Court presume abetment of suicide of a married woman by the husband or a relative of the husband. It applies when the woman dies by suicide within seven years of the marriage and had been subjected to cruelty by the husband or that relative.
Must the Court presume abetment under Section 117 BSA whenever cruelty and suicide within seven years are shown?▼
No. Section 117 BSA states that the Court may presume abetment, so drawing the presumption is permissive rather than mandatory. The Court decides after considering all the other facts of the case.
How does Section 117 BSA define cruelty?▼
Section 117 BSA states in its Explanation that cruelty has the same meaning as in Section 86 in the Bharatiya Nyaya Sanhita, 2023.
What is Section 117 BSA in IEA?▼
Section 113A IEA. Section 117 BSA replaced Section 113A IEA with no substantive change to the presumption rule.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·