§ SECTION 118 · BSA 2023 · CHAPTER VII — BURDEN OF PROOF

Presumption as to dowry death

A mandatory presumption against dowry death. When the question is whether a person committed the dowry death of a woman, and it is shown that soon before her death he had subjected her to cruelty or harassment over a dowry demand, the court shall presume he caused it.

How to read Section 118

Dowry-linked cruelty soon before the death → the court SHALL (must) presume that person caused the dowry death.

The question

Whether a person committed the dowry death of a woman.

The fact shown

Soon before her death, he had subjected her to cruelty or harassment for, or in connection with, a demand for dowry.

The court shall presume

The court shall presume that he caused the dowry death.

The bare Act

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

Section 118 · verbatim

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.

In short: where a woman has died a dowry death and the trial turns on who caused it, the law does not leave the court a choice — it commands a presumption. If it is shown that, soon before her death, the accused had subjected her to cruelty or harassment that was tied to a demand for dowry, the court shall presume — must presume — that he caused the dowry death. The onus then lies squarely on the accused to displace it; it is a mandatory but rebuttable presumption. This is the stronger sibling of § 117: there the court may presume abetment of suicide; here it shall presume dowry death. ‘Dowry death’ itself takes its meaning from section 80 of the BNS 2023.

→ This carries forward IEA 1872 § 113B — the mandatory presumption of dowry death.

Glossary

dowry death

A woman’s unnatural death linked to dowry cruelty — as defined in BNS 2023 § 80.

soon before her death

Shortly before — a live, proximate link in time to the death.

cruelty or harassment

Ill-treatment or persecution of the woman.

for, or in connection with, any demand for dowry

The cruelty was tied to a dowry demand.

the Court shall presume

A mandatory presumption — the court must draw it (though it is rebuttable).

dowry death (Explanation)

Same meaning as in section 80 of the BNS 2023.

The picture

Dowry-linked cruelty close to the death compels the presumption — the accused must then displace it.

The section, part by part

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

The rule‘Shall’ vs ‘may’

the ruleDowry-linked cruelty near the death compels the presumption

In one lineWhere it is shown that soon before a woman’s death the accused subjected her to cruelty or harassment over a dowry demand, the court shall presume he caused the dowry death.

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,dowry-linked cruelty soon before the death…the charge is dowry death, and it is shown that shortly before she died he treated her with cruelty/harassment over a dowry demand…

the Court shall presume that such person had caused the dowry death.→ the court MUST presume he caused it…the court shall presume — is bound to presume — that he caused the dowry death.

ExampleA woman dies an unnatural death four years into marriage; it is shown that just days before, her husband harassed her for more dowry. The court shall presume he caused the dowry death — and he must then rebut it.

✗ Not this‘Shall presume’ is mandatory, unlike § 117’s ‘may’ — but it is still rebuttable. The accused may lead evidence to displace the presumption; it is not a conviction by itself.

‘shall’ vs ‘may’The mandatory sibling of § 117 — and ‘dowry death’ borrows BNS § 80

In one line§ 117 says the court may presume abetment of suicide; § 118 says it shall presume dowry death. The Explanation fixes ‘dowry death’ to section 80 of the BNS 2023.

Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.‘dowry death’ = the BNS § 80 meaningthe term is not defined afresh — it takes its meaning from section 80 of the BNS 2023.

Example‘Dowry death’ under § 80 is a woman’s death by burns, bodily injury or otherwise than under normal circumstances within seven years of marriage, where she was subjected to dowry cruelty soon before death.

✗ Not thisThe cruelty must be tied to a dowry demand and close in time to the death. General cruelty unconnected to dowry, or a remote-in-time link, does not trigger this presumption.

Connected provisions

§ 117 · back

IEA 1872, § 113B

Carried forward — the mandatory presumption of dowry death.

Bharatiya Sakshya Adhiniyam, 2023 — Section 118: Presumption as to dowry death