BSA Section 117 — Presumption as to abetment of suicide by a married woman

Summary

This section deals with cases where a married woman has died by suicide, and the question is whether her husband or one of his relatives pushed her to it. If the woman died by suicide within seven years of her marriage, and it is shown that her husband or that relative had subjected her to cruelty, the Court is allowed to presume that the suicide was abetted by that person. However, the Court can only make this presumption after considering all the other circumstances of the case, meaning the presumption is not automatic and depends on the full picture.

The explanation clarifies that the word cruelty, as used in this section, carries the same meaning as it does in section 86 of the Bharatiya Nyaya Sanhita, 2023. So, to understand what counts as cruelty here, you would refer to that other section.

Official Text

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.

Sections referred to

• BNS §86 — Cruelty defined

Referred to by

• BSA §108 — Burden of proving that case of accused comes within exceptions

Old <-> New Code Mapping

• IEA §113A — Presumption as to abetment of suicide by a married woman