Law4u - Made in India

What Is BSA Section 118?

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Hashmita Dilip Punjabi

Advocate Hashmita Dilip Punjabi

Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Recovery, Tax, Revenue, Cheque Bounce, Succession Certificate, Anticipatory Bail, Arbitration

Get Advice
Advocate Sandarbh Tiwari

Advocate Sandarbh Tiwari

Civil, High Court, Court Marriage, Cheque Bounce, Breach of Contract, Anticipatory Bail, Succession Certificate, Revenue, Divorce

Get Advice
Advocate Mayank Sharma

Advocate Mayank Sharma

Anticipatory Bail, Breach of Contract, Cheque Bounce, Cyber Crime, Criminal, Divorce, Domestic Violence, High Court, Medical Negligence, Labour & Service, Motor Accident, Recovery, NCLT, Patent

Get Advice
Advocate Adv.rajendra Sharma

Advocate Adv.rajendra Sharma

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Abdul Qayyum

Advocate Abdul Qayyum

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Manidharan G

Advocate Manidharan G

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Venu Tandra

Advocate Venu Tandra

Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Immigration, Insurance

Get Advice
Advocate Kuldeep Bhardwaj

Advocate Kuldeep Bhardwaj

Cheque Bounce, Criminal, Anticipatory Bail, Cyber Crime, Divorce, Family

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.