Section 118 BSA: Presumption as to dowry death
Bharatiya Sakshya Adhiniyam, 2023
Section 118 BSA at a Glance
Section 118 BSA deals with presumption as to dowry death. It replaced Section 113B IEA on 1 July 2024.
Section 118 BSA Bare Act Text
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.
ExplanationFor the purposes of this section, “dowry death” shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.
Source: Section 118, Bharatiya Sakshya Adhiniyam, 2023
Section 118 BSA in Simple Words
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 deals with proving dowry death in court. It states that a Court must presume (treat as true) that an accused person caused a dowry death when specific facts are proved.
This rule applies when a Court has to decide whether a person committed a dowry death. For the presumption to apply, it must be shown that soon before dying, the woman faced cruelty or harassment from that person. That cruelty or harassment must have been for, or connected with, a dowry demand.
Once these facts are shown, the presumption is mandatory, so the Court must presume that the person caused that dowry death. Under the Explanation to Section 118 BSA, dowry death carries the meaning given in Section 80 in the Bharatiya Nyaya Sanhita, 2023.
When Section 118 BSA Applies
- A Court is deciding whether a person committed a dowry death.
- It is shown that soon before dying, the woman was subjected by that person to cruelty or harassment.
- The cruelty or harassment was for, or connected with, a demand for dowry.
- 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.
Example of Section 118 BSA
Section 118 BSA in the IEA (Previous Law)
Section 118 BSA replaces Section 113B IEA from the old criminal code.
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.
FAQs on Section 118 BSA
What is Section 118 BSA?▼
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that requires a Court to presume that a person caused a dowry death. It applies when it is shown that soon before dying, the woman was subjected by that person to cruelty or harassment connected with a dowry demand.
Can the Court decline to draw the presumption under Section 118 BSA if the required facts are shown?▼
No. Once it is shown that soon before dying the woman faced cruelty or harassment from that person over a dowry demand, the Court must presume that the person caused that dowry death.
How does Section 118 BSA define dowry death?▼
Section 118 BSA states in its Explanation that dowry death has the same meaning as in Section 80 in the Bharatiya Nyaya Sanhita, 2023.
What is Section 118 BSA in IEA?▼
Section 113B IEA. Section 118 BSA replaced Section 113B IEA with no substantive change to the presumption rule.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·