Section 117 BSA 2023:
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.
Explanation.—For the purposes of this section, “cruelty” shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023
Section 118 BSA 2023:
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.
RECENT DEVELOPMENT
“It is relevant to note that under Section 113B, the Court may presume unlike Section 113A where the statute says that Court shall presume. This is a vital difference between the two provisions which raises presumption as regards abetment of suicide. When the Courts below want to apply Section 113B of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards incessant harassment. In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or instigating, the court cannot straightaway invoke Section 113B and presume that the accused abetted the commission of suicide.”
The Bench of Justices J.B. Pardiwala and R. Mahadevan while deciding the case RAM PYAREY v. THE STATE OF UTTAR PRADESH., CRIMINAL APPEAL NO.1408 OF 2015 pointed out that there is “practically no evidence” against the appellant for abetting the suicide. The Court also drew a distinction between Section 113 A (presumption as to abetment of suicide by a married woman) and Section 113 B of the Evidence Act.
