BSA Section 118 — Presumption as to dowry death

Summary

This section deals with how a court must treat a case where a woman has died in what is called a dowry death. If the court is trying to decide whether a person caused such a death, and it is shown that, shortly before the woman died, that person had treated her with cruelty or harassment because of a demand for dowry, then the court is required to presume that this person caused her death. In other words, the law directs the court to assume the person is responsible for the dowry death based on that evidence of cruelty or harassment.

The explanation clarifies that the term "dowry death" carries the same meaning as it does in section 80 of the Bharatiya Nyaya Sanhita, 2023. This means the definition of dowry death is taken directly from that other section of the law.

Official Text

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.

Sections referred to

• BNS §80 — Dowry death

Old <-> New Code Mapping

• IEA §113B — Presumption as to dowry death