§ SECTION 117 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

Presumption as to abetment of suicide by a married woman

A discretionary presumption protecting married women. Where a woman dies by suicide within seven years of marriage and her husband or his relative had subjected her to cruelty, the court may presume — weighing all the circumstances — that they abetted the suicide.

How to read Section 117

Suicide within 7 years of marriage + cruelty shown → the court MAY (not must) presume the husband/relative abetted it.

The question

Whether a woman’s suicide was abetted by her husband or his relative.

The two facts shown

She died by suicide within 7 years of marriage, and he had subjected her to cruelty.

The court may presume

Having regard to all the circumstances, the court may presume the suicide was abetted.

The bare Act

The section in its own words — the rule and an Explanation.

Section 117 · verbatim

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.

In short: the law gives the court a tool, not a command, to reach the truth behind a young wife’s suicide. Three things must line up: the question is whether the husband or one of his relatives abetted her suicide; the suicide happened within seven years of the marriage; and that person had subjected her to cruelty. When they do, the court may presume — not must — that the suicide was abetted, weighing all the other circumstances of the case. Because it is a ‘may presume’, the court keeps its discretion and the accused can meet or displace it. The Explanation ties ‘cruelty’ to its settled meaning in the criminal law — section 86 of the BNS 2023.

→ This carries forward IEA 1872 § 113A — the presumption of abetment of a married woman’s suicide.

Glossary

abetment of suicide

Instigating or aiding a person to end her life.

within seven years of marriage

The suicide occurred within 7 years from the date of the marriage.

subjected her to cruelty

Treated her with cruelty as defined in BNS 2023 § 86.

the Court may presume

A discretionary presumption — the court may, not must, draw it.

having regard to all the other circumstances

The court weighs the whole context before presuming.

cruelty (Explanation)

Same meaning as in section 86 of the BNS 2023.

The picture

The two facts open the door — but the court still weighs everything before it may presume.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The rule‘May presume’ & cruelty

the ruleTwo facts open the door; the court may then presume

In one lineWhere a woman’s suicide is shown to have happened within 7 years of marriage and her husband or his relative had subjected her to cruelty, the court may presume — on all the circumstances — that they abetted it.

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,suicide within 7 years + cruelty by husband/relative…the question is abetment by the husband/relative, and two facts are shown: suicide within 7 years, and cruelty by him…

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.→ court MAY presume abetment (weighing everything)…the court may presume the suicide was abetted — a discretionary step, taken on the whole picture.

ExampleA woman dies by suicide three years into her marriage, and there is evidence her husband had harassed her over dowry. The court may presume he abetted the suicide — considering all the circumstances.

✗ Not this‘May presume’ is not automatic. The two facts enable the presumption; the court still weighs the whole case and may decline it, and the accused can meet or rebut it.

‘may presume’ & crueltyDiscretionary — and ‘cruelty’ borrows BNS § 86

In one line‘May presume’ leaves the court a choice — unlike a ‘shall presume’ or ‘conclusive proof’. The Explanation fixes ‘cruelty’ to its meaning in section 86 of the BNS 2023.

Explanation.—For the purposes of this section, “cruelty” shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.‘cruelty’ = the BNS § 86 meaningthe word cruelty is not defined afresh — it takes its settled criminal-law meaning from section 86 of the BNS 2023.

Example‘Cruelty’ here means the § 86 sense — wilful conduct likely to drive a woman to suicide or grave injury, or harassment to coerce an unlawful dowry demand.

✗ Not thisThe presumption needs both the 7-year window and proven cruelty. Cruelty alone, or a suicide after seven years, does not open the door.

Connected provisions

§ 115 · kin

IEA 1872, § 113A

Carried forward — abetment of a married woman’s suicide.

Bharatiya Sakshya Adhiniyam, 2023 — Section 117: Presumption as to abetment of suicide by a married woman