Code: Section 117 – Bharatiya Sakshya Adhiniyam (BSA)
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.
Explanation of Section 117 – Bharatiya Sakshya Adhiniyam (BSA)
Section 117 introduces a presumption that helps courts address cases where a married woman dies by suicide within seven years of marriage. If it is proven that the woman was subjected to cruelty by her husband or his relatives, the court may presume that the suicide was abetted by them.
Key Points:
- Time Frame: Applies if the suicide occurs within seven years of marriage.
- Legal Presumption: The court may presume abetment if cruelty by the husband or his relatives is proven.
- Definition of Cruelty: The term “cruelty” follows the meaning laid out in Section 86 of the BNSS, which includes physical or mental harm, harassment for dowry, and more.
- Judicial Discretion: The presumption is not automatic; the court must consider all circumstances before concluding abetment.
Illustration
Example 1: Suicide Within Seven Years of Marriage
A woman dies by suicide six years after her marriage. Evidence shows that she was regularly harassed for dowry by her husband and in-laws. Based on this, the court may presume that the husband and relatives abetted the suicide.
Example 2: No Cruelty Proven
A woman dies by suicide three years into her marriage. However, there is no evidence of cruelty or harassment. In this case, the presumption under Section 117 would not apply.
Common Questions and Answers on Section 117 – Bharatiya Sakshya Adhiniyam (BSA)
1. What does Section 117 aim to address?
Section 117 helps the court deal with cases where a married woman dies by suicide within seven years of marriage, particularly when cruelty by her husband or his relatives is involved.
2. Is the presumption of abetment automatic?
No. The presumption is discretionary. The court must evaluate all circumstances before concluding that the suicide was abetted.
3. What qualifies as cruelty under this section?
Cruelty is defined as per Section 86 of the BNSS. It includes physical harm, mental torture, and harassment related to dowry or other unlawful demands.
4. Can the accused rebut this presumption?
Yes. The presumption can be rebutted with evidence showing that the suicide was not abetted and that no cruelty occurred.
Conclusion
Section 117 of the Bharatiya Sakshya Adhiniyam plays a crucial role in protecting the rights of married women. By allowing the court to presume abetment in suicide cases involving proven cruelty, it strengthens legal accountability. At the same time, the provision ensures fairness by making the presumption rebuttable and subject to judicial discretion.
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