What Is BSA Section 117?

Bhartiya Sakshya Adhiniyam, 2023 - Section 117: Presumption as to Abetment of Suicide by a Married Woman

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.

Brief Detail

This section addresses the legal presumption regarding the abetment of suicide by a married woman. If a woman commits suicide within seven years of her marriage and has been subjected to cruelty by her husband or his relatives, the court may assume that her suicide was abetted by them. The term cruelty is defined in relation to the Bharatiya Nyaya Sanhita, 2023.

Question & Answers

Q1: What does Section 117 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: It addresses the presumption of abetment of suicide by a married woman in cases involving her husband or his relatives.

Q2: Under what conditions can the court presume abetment of suicide?

A2: The court may presume abetment if the woman committed suicide within seven years of marriage and was subjected to cruelty by her husband or his relatives.

Q3: What is the time frame mentioned for the presumption of suicide abetment?

A3: The time frame is within seven years from the date of marriage.

Q4: How is cruelty defined in this context?

A4: Cruelty has the same meaning as outlined in section 86 of the Bharatiya Nyaya Sanhita, 2023.

Example

1. Case Example: A married woman commits suicide three years after her marriage. Evidence shows that she faced emotional and physical cruelty from her husband. Under Section 117, the court may presume that her husband abetted her suicide.

2. Legal Application: If a woman takes her life six years into her marriage and it is proven that her husband’s relatives were also involved in her maltreatment, the court can assume that her suicide was abetted by them as well.

Summary

Section 117 of the Bhartiya Sakshya Adhiniyam, 2023 provides a legal framework for presuming that the suicide of a married woman was abetted by her husband or his relatives if it occurs within seven years of marriage and is preceded by acts of cruelty. This section aims to protect vulnerable individuals and hold accountable those who may contribute to such tragic outcomes.