Section 118 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the presumption of guilt in cases of dowry death. This provision is crucial in combating dowry-related violence and ensuring justice for victims.
📄 Text of Section 118
"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."(sudhirrao.com)
Explanation: For the purposes of this section, "dowry death" shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.(indiankanoon.org, thelawadvice.com)
🧾 Key Elements
Applicability: The section applies when a woman has died under circumstances that may be categorized as "dowry death".
Timing of Death: The death must occur "soon before" the woman was subjected to cruelty or harassment related to dowry demands.(lawmantras.in)
Presumption of Guilt: If the above conditions are met, the court is mandated to presume that the person subjected to the woman had caused her death.(snappar.com)
Rebuttable Presumption: While the presumption is mandatory, it is rebuttable. The accused has the opportunity to present evidence to counter the presumption.(lawmantras.in)
⚖️ Legal Implications
Burden of Proof: Initially, the burden lies on the prosecution to establish that the woman was subjected to cruelty or harassment related to dowry shortly before her death. Once this is established, the burden shifts to the accused to disprove the presumption.(lawmantras.in)
Rebuttal by Accused: The accused can rebut the presumption by providing evidence that:
The death was due to natural causes or an accident.(lawmantras.in)
There was no demand for dowry or cruelty.(sudhirrao.com)
The relationship was harmonious, and the allegations are false.
Judicial Precedents: The interpretation of "soon before" the death has been subject to judicial scrutiny. Courts have emphasized the need for a proximate link between the cruelty or harassment and the death to invoke the presumption.(lawmantras.in)
🧭 Summary
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, strengthens the legal framework against dowry-related deaths by introducing a mandatory presumption of guilt when certain conditions are met. This provision aims to provide relief to victims and their families by facilitating the prosecution of dowry deaths. However, it also ensures that the accused has an opportunity to present a defense, maintaining the balance between justice for victims and fairness in legal proceedings
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