Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 118: Presumption as to 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, 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.
Brief Detail
This section addresses the presumption of guilt in cases of dowry death. If a woman is found to have died shortly after being subjected to cruelty or harassment related to dowry demands, the court will assume that the accused person caused her death. The term dowry death is defined as per the Bharatiya Nyaya Sanhita, 2023.
Question & Answers
Q1: What does Section 118 of the Bhartiya Sakshya Adhiniyam, 2023 address?
A1: It addresses the presumption of guilt in cases of dowry death of a woman.
Q2: Under what conditions does the court presume that a person has committed dowry death?
A2: The court presumes that a person has committed dowry death if the woman was subjected to cruelty or harassment for dowry shortly before her death.
Q3: What is the significance of soon before her death?
A3: It indicates that the acts of cruelty or harassment must have occurred shortly prior to the woman's death for the presumption to apply.
Q4: How is dowry death defined in this context?
A4: Dowry death is defined in the same manner as outlined in section 80 of the Bharatiya Nyaya Sanhita, 2023.
Example
1. Case Example: A woman dies just days after being threatened and harassed by her husband over dowry demands. In this case, the court may presume that her husband caused her dowry death.
2. Legal Application: If evidence shows that a woman experienced ongoing cruelty related to dowry shortly before her death, the court can assume that the accused is responsible for her death under Section 118.
Summary
Section 118 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption regarding dowry deaths. If a woman experiences cruelty or harassment related to dowry shortly before her death, the court may assume that the accused party caused her death. This provision aims to address the serious issue of dowry-related violence and provide justice to victims.
